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- (b) power to enlarge, in the surety’s absence, a recognisance conditioned in accordance with Article 47(1)(b) or 48 of the S.I. 1981/1675 (N.I.26).Magistrates’ Courts (Northern Ireland) Order 1981 so that the surety is bound to secure that the person charged appears also before the Crown Court.
Regulations
10.—(1) The Attorney General for Northern Ireland—
- (a) shall by regulations make provision requiring a copy of the notice of transfer, together with a statement of the evidence on which any charge to which it relates is based, to be given—
- (i) to any person to whom the notice of transfer relates; and
- (ii) to the Crown Court sitting at the place specified by the notice
of transfer as the proposed place of trial; and
- (b) may by regulations make such further provision in relation to notices of transfer, including provision as to the duties of a prosecuting authority in relation to such notices, as appears to him to be appropriate.
(2) Regulations made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the 1946 c. 36.Statutory Instruments Act 1946 shall apply accordingly.
Applications for dismissal
11.—(1) Where a notice of transfer has been given, any person to whom the notice relates may, at any time before he is arraigned (and whether or not an indictment has been preferred against him), apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed; and the judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.
(2) No oral application may be made under sub-paragraph (1) above unless the applicant has given the Crown Court mentioned in that sub-paragraph written notice of his intention to make the application.
(3) Oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.
(4) If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the judge may disregard any document indicating the evidence that he might have given.
(5) Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by a magistrates’ court to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the presentment of an indictment such as is specified in paragraph (c), (d), (e) or (f) of section 2(2) of the 1969 c. 15 (N.I.).Grand Jury (Abolition) Act (Northern Ireland) 1969.
(6) Crown Court Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—
- (a) as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);
- (b) as to the contents and form of notices or other documents;
