MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 41



41.(1) Where a person over the age of fourteen years is charged before a
court of summary jurisdiction with a summary offence for which he is liable,
or would if he were adult be liable, to be sentenced by the court to
imprisonment for a term exceeding six months, he may, subject to the
provisions of this section, claim to be tried by a jury, unless the offence is
an offence ... [... under any provision of the Explosives Act 1875 or
section 4 of the Explosives Act (Northern Ireland) 1970] [or under Article 141
of the Road Traffic (Northern Ireland) Order 1981].

(2) Where under the preceding subsection or any other enactment a person
charged with a summary offence is entitled to claim to be tried by a jury, his
claim shall be of no effect unless he appears in person and makes it before he
pleads to the charge; and, where under any enactment the prosecution is
entitled to claim that the accused shall be tried by a jury, the claim shall
be of no effect unless it is made before the accused pleads to the charge.

(3) A magistrates' court before which a person is charged with a
summary offence for which he may claim to be tried by a jury shall, before
asking him whether he pleads guilty, inform him of his right and, if the court
thinks it desirable for the information of the accused, tell him to which
court he would be committed for trial and explain what is meant by being tried
summarily; and shall then ask him whether he wishes, instead of being tried
summarily, to be tried by a jury.

(4) Where the accused is charged with an offence for which he is entitled
under subsection (1) of this section to be tried by a jury if he has been
previously convicted of a like offence but not otherwise, the court shall
explain to him that he may have a right to claim trial by a jury and, after
giving him the same information as is provided by the last preceding
subsection, shall ask him whether, if he has that right, he wishes, instead of
being tried summarily, to be tried by a jury.

(5) If

(a)under this section or under any other enactment a person charged with a
summary offence is entitled to claim to be tried by a jury and claims to be so
tried; or

(b)the prosecution exercises any right conferred by any enactment to claim
that the accused shall be tried by a jury;

1981 NI 1

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 41