Part VII
Northern Ireland
Scheduled offences
Scheduled offence: interpretation. 65.—(1) In this Part “scheduled offence” means, subject to any relevant note in Part I or III of Schedule 9, an offence specified in either of those Parts.
(2) Part II of that Schedule shall have effect in respect of offences related to those specified in Part I.
(3) The Secretary of State may by order—
- (a) add an offence to Part I or II of Schedule 9;
- (b) remove an offence from Part I or II of that Schedule;
- (c) amend Part I or II of that Schedule in some other way.
Preliminary inquiry. 66.—(1) In proceedings before a magistrates’ court for a scheduled offence, if the prosecution requests the court to conduct a preliminary inquiry into the offence the court shall grant the request.
(2) In subsection (1) “preliminary inquiry” means a preliminary inquiry under the S.I. 1981/1675 (N.I. 26).Magistrates’ Courts (Northern Ireland) Order 1981.
(3) Subsection (1)—
- (a) shall apply notwithstanding anything in Article 31 of that Order,
- (b) shall not apply in respect of an offence where the court considers that in the interests of justice a preliminary investigation should be conducted into the offence under that Order, and
- (c) shall not apply in respect of an extra-territorial offence (as defined in section 1(3) of the 1975 c. 59.Criminal Jurisdiction Act 1975)).
(4) Where a person charged with a scheduled offence is also charged with a non-scheduled offence, the non-scheduled offence shall be treated as a scheduled offence for the purposes of this section.
Limitation of power to grant bail. 67.—(1) This section applies to a person who—
- (a) has attained the age of fourteen, and
- (b) is charged with a scheduled offence which is neither being tried summarily nor certified by the Director of Public Prosecutions for Northern Ireland as suitable for summary trial.
(2) Subject to subsections (6) and (7), a person to whom this section applies shall not be admitted to bail except—
- (a) by a judge of the High Court or the Court of Appeal, or
- (b) by the judge of the court of trial on adjourning the trial of a person charged with a scheduled offence.
(3) A judge may, in his discretion, admit a person to whom this section applies to bail unless satisfied that there are substantial grounds for believing that the person, if released on bail (whether subject to conditions or not), would—
- (a) fail to surrender to custody,
- (b) commit an offence while on bail,
- (c) interfere with a witness,
