MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 128



128.(1) Subject to this section, the power to order a person to enter into a
recognizance to keep the peace or to be of good behaviour or to keep the peace
and be of good behaviour may be exercised by a magistrates' court

(a)upon a complaint that such person should be called upon to show cause why
he should not be ordered to be so bound; or

(b)upon convicting a person of an offence and [in lieu of or] in addition to
any ... sentence which the court may lawfully impose; or

(c)in the case of a person present before such court without any formal
application to the court to make such order.

(2) The period during which a person may be ordered to be bound by a
recognizance under sub-section (1) shall not exceed two years.

(3) A complaint under sub-section (1)(a) may be laid before a justice of the
peace where the person against whom the complaint is made resides or is found
or is believed to be within the jurisdiction of such justice or where the
conduct to which the complaint relates has occurred or is expected to occur
within that jurisdiction.

(4) Subject to sub-section (3), a summons to the person against whom such
complaint is made or a warrant for his arrest (whether in the first instance
or in default of appearance) may in all respects be issued as if the complaint
were one alleging the commission of a summary offence.

(5) Without prejudice to section 33(4), proceedings upon the hearing of a
complaint under this section shall be conducted, and the person against whom
the complaint is made and such witnesses as he may call may give evidence and
be cross-examined, in the same manner as in proceedings for a summary offence
and the court may remand such person, whether in custody or on bail, for the
same period and subject to the same conditions as in such last-mentioned
proceedings and any order against such person for the payment of costs made in
proceedings under this section shall be enforceable in the same manner as an
order for the payment of a sum adjudged to be paid by a conviction of a
magistrates' court.

(6) If any person ordered to enter into a recognizance by a magistrates' court
under this section fails to comply with the order, the court may commit him to
prison for a period not exceeding six months or until he complies with the
order, whichever is the shorter.

(7) Nothing in this section shall derogate from the provisions of [section
76(2)] of the Children and Young Persons Act (Northern Ireland) [1968] or
section 7(1) of the Probation Act (Northern Ireland) 1950 or any other
enactment authorising a magistrates' court to require a person to give
security for good behaviour or for keeping the peace.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 128