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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 53

Summary trial of certain indictable offences.

53.(1) A resident magistrate may assume the power to deal with an offence
summarily under section 52 at any stage of the proceedings whether any
evidence shall then have been given or not and, where such power is assumed,
the provisions of any enactment (including this Act) for the time being in
force relating to summary offences shall (subject to the succeeding provisions
of this section and to magistrates' courts rules) apply as if the offence were
a summary offence and not an indictable offence.

(2) Notwithstanding that a magistrate has decided to deal summarily with an
offence specified in Schedule 3 and that the accused has consented to be dealt
with summarily the magistrate shall nevertheless have power to reconsider his
decision at any time prior to his determination to convict and sentence the
accused, and, if satisfied that it is expedient to do so, he may decide,
instead of dealing with the offence summarily, to commit the accused for trial
and in such event depositions shall be taken and the offence dealt with in all
respects as if the magistrate had not decided to deal with it summarily.

(3) Where a resident magistrate deals summarily with an offence specified in
Schedule 3 and the offence is such that, had the accused been charged on
indictment with that offence, he might lawfully have been convicted of an
alternative offence, the magistrate may convict him of such alternative
offence.

(4) Upon convicting the accused the magistrate may sentence him to be
imprisoned for a term not exceeding twelve months or to a fine not exceeding
[#1,000] or to both such imprisonment and fine, so, however, that the accused
shall not be sentenced to imprisonment for any greater term or to a fine of
any greater amount than the term or fine to which he would be liable if tried
on indictment.

(5) If the magistrate dismisses a charge with which he has dealt summarily
under the provisions of section 52 and of this section, the dismissal shall in
all cases have effect as though it were an acquittal on a trial of the charge
upon indictment.

(6) Any enactments in force at the commencement of this Part which relate to
the summary trial of indictable offences or which refer to indictable offences
which are triable summarily shall be construed as the case may be as referring
to the summary trial of indictable offences under section 52 and this section
or as referring to indictable offences which are triable thereunder.

Powers of court in dealing summarily with an indictable offence.

© 1964 Crown Copyright

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