MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 173

1968 c.34

173.(1) This Act may be cited as the Magistrates Courts Act (Northern Ireland)
1964 and shall be included among the Acts which may be cited to gether as the
Summary Jurisdiction Acts (Northern Ireland).

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

Schedule rep. by 1975 NI 7 art.13 sch.2; SI 1973/2163 art.14(2) sch.6; 1978
c.23 s.122(2) sch.7 Pt.II

1. The Justices of the Peace Act 1361 in so far as it authorises the taking of
security for good behaviour or keeping the peace.

2. Any enactment authorising a justice of the peace to sign summonses,
warrants, certificates or other documents or make or sign declarations,
administer oaths or take affidavits, declarations, affirmations, informations,
bonds or recognizances.

3. Section 5(1) of the General Dealers (Ireland) Act 1903.

Para.4 rep. by 1966 c.17 (NI) s.211 sch.8

5. Section 2 and section 6(2A) of the Game Preservation Act (Northern Ireland)
1928.

6. Section 15(3)(b) of the Wild Birds Protection Act (Northern Ireland) 1931.

1. Offences under section 4(a), (b), (e), (f), (j) or (k) of the
Vagrancy Act 1824.

2. Offences under section 3 of the Vagrancy (Ireland) Act 1847.

3. Offences under the following provisions of the
Summary Jurisdiction (Ireland) Act 1851:

Para.(a) rep. by 1980 NI 11 art.64(2) sch.9

(b)paragraphs 1 and 4 of section 12;

(c)..., paragraph 4 so far as it relates to any person riding a horse or other
animal or driving any sort of carriage drawn by a horse or other animal, and
paragraph 5 of section 13.

4. Offences under section 20 of the Dogs Regulation (Ireland) Act 1865.

5. Offences under [Article 10(1) and (2) of the Criminal Justice (Northern
Ireland) Order 1980.]

6. Offences under section 9 of the Summary Jurisdiction (Ireland) Act 1908.

7. Offences under [section 24] of the Children and Young Persons Act (Northern
Ireland) [1968].

1. Offences under sections 20, 27 or 47 of the
Offences Against the Person Act 1861.

2. Offences of indecent assault under section 52 or 62 of the
Offences Against the Person Act 1861.

3. An offence under section 60 of the Offences Agains the Person Act 1861 of
concealing the birth of a child but only where it is not alleged that the
child died other than from natural causes.

Para.4 rep. by 1969 c.29 (NI) s.6(2); para.5 rep. by 1969 c.16 (NI) s.31(2)
sch.3 Pt.II

6. Offences under section 20 of the Telegraph Act 1868.

7. Offences under [Part II] of the Debtors Act (Ireland) 1872.

Para.8 rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.II

9. Offences under section 13 of the Stamp Duties Management Act 1891.

10. Offences under any of the following provisions of the Forgery Act 1913
where the value of the property or the amount of money involved does not in
the opinion of the court, exceed [#1,000]:

(a)section 2(2)(a) in relation to any document being an authority or request
for the payment of money or for the delivery or transfer of goods and
chattels;

(b)section 6 in relation to the uttering of any forged document;

(c)section 7(a).

[11. Any indictable offence under the Theft Act (Northern Ireland) 1969 except

(a)robbery, aggravated burglary, blackmail and assault with intent to rob;

(b)burglary comprising the commission of, or an intention to commit, an
offence which is not included in this Schedule;

(c)burglary in a dwelling, if entry to the dwelling or the part of it in which
the burglary was committed, or to any building or part of a building
containing the dwelling, was obtained by force or deception or by the use of
any tool, key or appliance, or if any person in the dwelling was subjected to
violence or the threat of violence; and

(d)handling stolen goods the subject of an offence committed outside the
United Kingdom and outside the Republic of Ireland.]

[11A. Offences under Part IV of the Bankruptcy Amendment Act (Northern
Ireland) 1929.]

12. Misdemeanours under the Coinage Offences Act 1936.

13. Offences under [Article 10 of the Perjury (Northern Ireland) Order 1979].

[14. Offences under sections 53 and 55 to 58 of the Post Office Act 1953.]

Para.15 rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.II

16. Any offence which by virtue of section 105 of the Electoral Law Act
(Northern Ireland) 1962 may be tried summarily.

[17. Publishing, exhibiting or selling, any indecent or obscene book, writing,
picture, or model, or any other indecent or obscene article or thing whatever,
whether similar to the things mentioned or not.

18. Any person alleged to be guilty of an offence under section 4(1) of the
Criminal Law Act (Northern Ireland) 1967 by reason of his having done any act
with intent to impede the apprehension or prosecution of a person who has
committed an offence which may be dealt with summarily (either under the
provisions of this Act or otherwise).

19. Any person alleged to be guilty of an offence under section 5(1) of the
Criminal Law Act (Northern Ireland) 1967 by reason of his not disclosing any
information connected with an offence which may be dealt with summarily
(either under the provisions of this Act or otherwise).

20. Any indictable offence which may be tried by a magistrates' court by
virtue of section 9 of the Criminal Law Act (Northern Ireland) 1967.]

1. Subject to the following provisions of this Schedule, the periods set out
in the second column of the following Table shall be the maximum periods of
imprisonment which may be imposed in default of payment of a sum adjudged to
be paid by a conviction due at the time imprisonment is imposed:

2. Where the amount of the sum due at the time imprisonment is imposed is such
part of the sum adjudged to be paid by the conviction of the court as remains
due after part payment, the maximum period applicable to the amount shall,
subject to paragraph 3, be the period applicable to the whole sum reduced by
such number of days as bears to the total number of days therein the same
proportion as the part paid bears to the whole sum.

3. In calculating the reduction required under paragraph 2 any fraction of a
day shall be left out of account.

1. Where a corporation is charged, whether alone or jointly with some other
person, with an indictable offence, a magistrates' court may, on the
preliminary investigation of such offence and if it is satisfied that the
evidence offered on the part of the prosecution is sufficient to put the
accused corporation on trial, make an order empowering the prosecutor to
present to [the Crown Court], an indictment in respect of the offence named in
the order or in respect of any offence founded on the same facts or evidence,
and for the purpose of any enactments referring to the committal of persons
for trial (including this Act) any such order shall be deemed to be a
committal for trial.

2. If the corporation appears before a magistrates' court by a representative,
any answers to the prescribed questions to be put, may be made on behalf of
the corporation by that representative, but if the corporation does not so
appear it shall not be necessary to put the questions, and the court may,
notwithstanding, make an order under paragraph 1.

3. Subject to paragraph 4, where the preliminary investigation of the offence
is conducted before a resident magistrate and the offence is an offence which
in the case of an adult may with his consent be dealt with summarily, then, if
the corporation does not appear before the resident magistrate by a
representative or, if he does so appear and consents by such representative
that the offence should be so dealt with, the resident magistrate may deal
with the offence summarily as if the corporation were an adult who had
consented to summary trail.

4. Where any person is charged jointly with a corporation with an indictable
offence which may be dealt with summarily and either that person or the
corporation by its representative does not consent that the offence should be
dealt with summarily, the resident magistrate shall not have power to deal
summarily with the offence in the case of the other party charged.

5. In this Schedule the expression "representative" in relation to a
corporation means a person duly appointed by the corporation to represent it
for the purpose of doing any act or thing which the representative of a
corporation is by this Schedule authorised to do, but a person so appointed
shall not, by virtue only of being so appointed, be qualified to act on behalf
of the corporation for any purpose other than those referred to in this
Schedule or section 18(3) of the Criminal Justice Act (Northern Ireland) 1945.

6. A representative for the purposes of this Schedule need not be appointed
under the seal of the corporation, and a statement in writing purporting to be
signed by a managing director of the corporation, or by any person (by
whatever name called) having, or being one of the persons having, the
management of the affairs of the corporation, to the effect that the person
named in the statement has been appointed as the representative of the
corporation for the purposes of this section shall be admissible without
further proof as prima facie evidence that that person has been so appointed.

7. For the purposes of this Schedule the expression "adult" has the same
meaning as in section 52(3).

Schedule 6Amendments. Schedule 7 rep. by SLR 1973

1962 c.14

1967 c.18

Section 102.

Section 167.

1945 c.15
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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 173
