MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 54



54.(1) Without prejudice to any other provision of this Act, in adjourning any
proceedings for an offence a magistrates' court may remand the accused

(a)in custody, that is to say, commit him to custody to be brought at the end
of the period of remand before that court or any other magistrates' court for
the county [court division] for which the court is acting [or before any other
magistrates' court having jurisdiction to conduct the proceedings]; or

(b)on bail, that is to say, take from him a recognizance conditioned for his
subsequent appearance before such court;

[(2) Subject to subsection (3) and section 56, the period for which the
accused is remanded in custody shall not exceed

(a)in the case where the accused is already detained under a
custodial sentence, twenty-eight days;

(b)in any other case, eight days;

(3) The period for which the accused may be remanded in custody [under
subsection (2)(b)] may, where he and the prosecutor have agreed, be extended
to a period not exceeding fourteen days commencing on the day following that
on which the accused is remanded.

(4) Where the accused is admitted to bail and he and prosecutor consent, the
period for which the accused is remanded may exceed the period referred to in
subsection (2) or, as the case may be, subsection (3).

(5) The court may order the accused to be brought before it at any time before
the expiration of the period for which he has been remanded.

[(6) In this section, "custodial sentence" includes

(a)an order for detention in a young offenders centre within the meaning of
the Treatment of Offenders Act (Northern Ireland) 1968;

(b)a training school order within the meaning of the Children and Young
Persons Act (Northern Ireland) 1968; and

(c)an order of committal to custody in a remand home within the meaning of the
Children and Young Persons Act (Northern Ireland) 1968 where the committal is
for more than one month by virtue of section 10(2) of the Northern Ireland
(Emergency Provisions) Act 1978.]

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 54