MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 44

1945 c.15

44.(1) A magistrates' court conducting a preliminary investigation shall bind
each witness whose deposition it has taken, other than the accused and any
witness merely as to his character, by a recognizance to attend and to give
evidence at the trial of any indictment against the accused and, except where
the complainant is a public or local authority or an officer of a public or
local authority acting as such or is a constable acting as such, it shall bind
the complainant by a recognizance to prosecute the accused at the trial.

(2) Where it appears to the court, after taking into account any
representation made by or on behalf of the accused or the prosecution, that
the attendance at the trial of any witness examined before the court is
unnecessary by reason of any statement by the accused, or of the accused
having admitted before the court the truth of the charge or of the evidence of
the witness being merely of a formal nature, the court shall

(a)if the witness has not already been bound over, bind him over conditionally
to attend the trial, that is to say, on notice being given to him and not
otherwise;

(b)if the witness has already been bound over, direct that he shall be treated
as having been bound over to attend the trial conditionally as aforesaid.

(3) Where in pursuance of subsection (2) a witness has been, or is treated as
having been, bound over conditionally to attend the trial of a person
committed for trial, then, at any time before the opening of the [Crown Court]
at which the person is to be tried, if the prosecutor or the person committed
for trial gives notice to the [chief clerk] that he wishes the witness to
attend at the trial, the [chief clerk] shall forthwith give notice in writing
to the witness that he is required so to attend in pursuance of his
recognizance.

(4) A magistrates' court on committing any person for trial shall inform him
of his right to require the attendance at the trial of any witness bound over,
or treated as bound over, conditionally as aforesaid and of the steps he must
take for the purpose of enforcing such attendance.

(5) If any witness on being required to enter into a recognizance under this
section refuses to do so, the court may commit him to prison until the trial
of the accused or until he sooner enters into the recognizance, so however,
that if the court does not commit the accused for trial or if for any reason
it appears to the court that the attendance of the witness will not be
necessary it may release the witness.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 44