[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/gjai1969378.txt

[New search] [Help]

GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969

GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969 - LONG TITLE

An Act to abolish grand juries and make provision as to the
presentment of indictments; and for purposes connected therewith.
[31st July 1969]
Abolition of grand juries.

GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969 - SECT 1

1. Subs.(1)(4) rep. by SLR 1980

(5) Property vested in the Ministry of Home Affairs pursuant to
subsection (4) may be held, used or disposed of in such manner, or
may be handed over to any local or public authority or body upon
such terms, as that Ministry, after consultation with representatives
of the several grand juries last summoned before the commencement of
this Act, and with the approval of the Ministry of Finance, may
think proper.

GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969 - SECT 2
Presentment of indictments.

2.(1) Subject to the succeeding provisions of this section, an
indictment may, notwithstanding anything to the contrary in any
enactment or rule of law, be presented to [the Crown Court]
although not found by a grand jury.

(2) An indictment shall not be presented against a person charging
him with an indictable offence unless either

(a)he has been committed for trial for that offence; or

(b)the indictment or the count charging the offence is one to which
subsection (5) applies; or

(c)the indictment is presented by the direction of the [Court of
Appeal]; or

(d)the indictment is presented pursuant to an order made under
[Article 13 of the Perjury (Northern Ireland) Order 1979]; or

(e)the indictment is presented with the leave of a Judge of the
[High Court, Court of Appeal or Crown Court] granted upon
application made to him in that behalf; or

(f)the indictment is presented by, or upon the direction of, the
Attorney-General,

(i)statements of the witnesses intended to be examined on behalf of
the prosecution have been lodged, together with the indictment, in
the office of the [chief clerk]; and

(ii)copies of such statements and of the indictment have been served
on the person against whom the indictment is presented,

(3) The Judge presiding at [the Crown Court] shall, in addition to
any other powers exercisable by him, have power to order an entry
of "No Bill" in the Crown book in respect of any indictment
presented to that court after the commencement of this Act if he
is satisfied that the depositions or, as the case may be, the
statements mentioned in subsection (2)(i), do not disclose a case
sufficient to justify putting upon trial for an indictable offence
the person against whom the indictment is presented.

(4) Where an entry of "No Bill" is ordered under subsection (3),
the entry shall be made before the person against whom the
indictment is presented is required to plead to the indictment and
upon the making of such entry that person shall be discharged
without further answer being required of him by the court but such
discharge shall not prevent or prejudice any other indictment
(whether or not founded on the same facts or evidence) being
presented against him at any other court thereafter held which has
jurisdiction to try the offence or offences charged in that other
indictment.

(5) Where the person against whom an indictment is presented has
been committed for trial for an indictable offence the indictment or
any count in the indictment may charge any other indictable offence
which is founded on facts or evidence disclosed in examinations or
depositions taken in his presence before the magistrates' court which
committed him for trial, but the Judge presiding at the court
before which the indictment is presented may if he thinks it just
to do so, disallow or quash any indictment or count presented by
virtue of this subsection.

(6) Nothing in subsection (5) shall be deemed to authorise the
joinder in an indictment of any counts which could not, if that
subsection had not been passed, be lawfully joined in that
indictment.

Subs.(7) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

(8) Except as provided by this section, an indictment presented in
accordance with the provisions of this Act shall be proceeded with
in the same manner as it would have been proceeded with before the
commencement of this Act and (without prejudice to any other
provision of this Act) all enactments and rules of law relating to
procedure in connection with indictable offences shall have effect
subject to such modifications as are necessary to give effect to
the provisions of this section.

(9) For the purposes of this section statements in writing admitted
in evidence under section 3(1) of the Criminal Procedure (Committal
for Trial) Act (Northern Ireland) 1968 shall be treated as
depositions taken in the presence of the accused before the
magistrates' court which committed him for trial.

GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969 - SECT 3
Supplementary provisions.

3.(1) References in any enactment passed before the commencement of
this Act to the preferment of a bill of indictment before, or to
the presentment or finding of an indictment by, a grand jury shall
(whatever words are used) be construed as references to the
presentment of an indictment in accordance with this Act.

Subs.(2) amends s.48 of 1964 c.21 (NI); subs.(3) rep. by 1978 c.23
s.122(2) sch.7 Pt.II

GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969 - SECT 4
Short title, repeals and commencement.

4.(1) This Act may be cited as the Grand Jury (Abolition) Act
(Northern Ireland) 1969.

Subs.(2), with Schedule, effects repeals

(3) Commencement

ScheduleRepeals