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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 45

Binding over complainant and witnesses to attend trial.

45.(1) Subject to this Act and any other enactment relating to the summary
trial of indictable offences, where the court conducting the preliminary
investigation is of opinion after taking into account any statement of the
accused and any evidence given by him or on his behalf that the evidence is
sufficient to put the accused upon trial by jury for any indictable offence it
shall commit him for trial; and, if it is not of that opinion, it shall, if he
is in custody for no cause other than the offence which is the subject of the
investigation, discharge him.

(2) The court may commit the accused for trial

(a)in custody, that is to say, by committing him to prison there to be kept
until delivered in due course of law; or

(b)subject to section 46, on bail, that is to say, by taking from him a
recognizance conditioned for his appearance at the time and place of trial;

(3) Subject to section 46, a magistrates' court upon an application by or on
behalf of a person committed for trial, may release that person from prison,
if he is in custody for no other cause, at any time before the first sitting
of the court before which he is to be tried upon his entering into a
recognizance pursuant to subsection (2)(b).

(4) Without prejudice to section 24, magistrates' courts rules may provide for
the transmission to the court of trial of documents and exhibits connected
with a preliminary investigation.

© 1964 Crown Copyright

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