Northern Ireland (Emergency Provisions) Act 1987

Consolidated Text As Enacted Cited authorities (15) Cited in Amendments (9) Related
JurisdictionUK Non-devolved
End of Effective Date27 August 1991
Citation1987 c. 30
Year1987
  • The following section shall be substituted for section 2 of the
    • by a judge of the High Court or the Court of Appeal; orby the judge of the court of trial, on adjourning the trial of a person charged with a scheduled offence.fail to surrender to custody, orcommit an offence while on bail, orinterfere with any witness, orotherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or in relation to any other person,the nature and seriousness of the offence with which the person is charged,the character, antecedents, associations and community ties of the person,the time which the person has already spent in custody and the time which he is likely to spend in custody if he is not admitted to bail, andthe strength of the evidence of his having committed the offence,Without prejudice to any other power to impose conditions on admission to bail, a judge may impose such conditions on admitting a person to bail under this section as appear to him to be likely to result in that person’s appearance at the time and place required, or to be necessary in the interests of justice or for the prevention of crime.who is charged with a scheduled offence; andwho has attained the age of fourteen.which is being tried summarily, orwhich the Director of Public Prosecutions for Northern Ireland certifies is in his opinion suitable to be tried summarily.the person is a serving member of any of Her Majesty’s forces or a serving member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve, andthe resident magistrate is satisfied that suitable arrangements have been made for the person to be held in military or (as the case may be) police custody, and imposes a condition on admitting him to bail that he is held in such custody.
  • The following section shall be inserted after section 3 of the 1978 Act—
    • Notwithstanding Article 47(2) and (3) of the Magistrates’ Courts (Northern Ireland) Order 1981, the period for which a person charged with a scheduled offence may be remanded in custody by a magistrates’ court shall be a period of not more than 28 days beginning with the day following that on which he is so remanded.
  • The following section shall be inserted after section 5 of the 1978 Act—
      (5A) Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences.
    • “(1) The Secretary of State may by regulations make provision, with respect to any specified preliminary stage of proceedings for a scheduled offence, as to the maximum period—
    • (a) to be allowed to the prosecution to complete that stage;
    • (b) during which the accused may, while awaiting completion of that stage, be—
    • (i) in the custody of a magistrates’ court; or
    • (ii) in the custody of a Crown Court,
      • in relation to that offence.
    • to be allowed to the prosecution to complete that stage;in the custody of a magistrates’ court; orin the custody of a Crown Court,the Magistrates’ Courts (Northern Ireland) Order 1981,section 2 above, orany other enactment, or any rule of law, relating to bail,provide for time limits imposed by the regulations to cease to have effect in cases where, after the institution of proceedings for a scheduled offence, the Attorney General for Northern Ireland has certified that the offence in question is not to be treated as a scheduled offence;make such provision with respect to the procedure to be followed in criminal proceedings as the Secetary of State considers appropriate in consequence of any other provision of the regulations; andmake such transitional provision in relation to proceedings instituted before the commencement of any provision of the regulations as the Secretary of State considers appropriate.Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, then (subject to, and in accordance with, the provisions of the regulations) the regulations shall have effect in relation to the latter offence as if it were a scheduled offence.that there is good and sufficient cause for doing so; andthat the prosecution has acted with all due expedition.Where, in relation to any proceedings for a relevant offence, an overall time limit has expired before the completion of the stage of the proceedings to which the time limit applies, the accused shall be treated, for all purposes, as having been acquitted of that offence.

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