The Magistrates' Courts (Northern Ireland) Order 1981

• Citation: S.I. 1981/1675 (N.I.)
• Sections: 230

Section 1 Title, citation and commencement

(1) This Order may be cited as the Magistrates' Courts (Northern Ireland) Order 1981.

(2) This Order shall be included among the Acts which may be cited together as the Summary Jurisdiction Acts (Northern Ireland).

(3) This Order shall come into operation on 25th December 1981.

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

(a) subject to paragraph 6 of Schedule 5, references to a “court of summary jurisdiction” shall be construed as referring to a resident magistrate sitting in petty sessions;

(b) “magistrates' court” includes a court of summary jurisdiction and a resident magistrate or lay magistrate sitting out of petty sessions.

(3) In this Order—

“accused” includes an accused person who has been convicted of an offence;

“attachment of earnings order” means an order under Article 101;

...

“child” has the same meaning as in Article 2(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

“ collection order ” means (except in Article 96(1B)) an order under section 3 of the Justice Act (Northern Ireland) 2016;

“commit to custody” means commit to prison or, where any statutory provision authorises or requires committal to some other place of detention instead of committal to prison, to that other place;

“complaint” includes information;

“complainant” includes informant;

...

“debt proceedings” means proceedings under Article 62;

“decree” includes a dismiss, a decree on a counterclaim and an order under Article 107 of the Judgements Enforcement (Northern Ireland) Order 1981 ;

“ the Department ” means the Department of Justice;

“domestic proceedings” has the meaning assigned to it by Article 88;

“ejectment proceedings” means proceedings under Article 67;

“enactment” includes a Measure of the Assembly;

“impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money or for want of distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;

“magistrates' courts rules” means rules made under Article 13;

“order” includes a decree or refusal to make an order;

“petty sessions” means petty sessions held pursuant to Article 11;

“plaintiff” means a person on whose behalf a process is issued under Article 62(5) or Article 67(3) to commence debt proceedings or, as the case may be, ejectment proceedings;

“prescribed” means prescribed by magistrates' court rules;

“resident magistrate” means a resident magistrate or a deputy resident magistrate appointed under Part II of the Magistrates' Courts Act (Northern Ireland) 1964 . . . ;

“Rules Committee” means the Rules Committee appointed under Article 13(2);

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“summary offence” means an offence which is punishable upon summary conviction, whether or not it is also triable upon indictment, except an offence which may be dealt with summarily in accordance with Articles 45 and 46 of this Order or section 5 of the Newspaper Libel and Registration Act 1881 or, in the case of a child under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 with the consent of the accused;

“summary proceeding” means any proceeding before a magistrates' court other than ... a preliminary inquiry or, except where an indictable offence is being tried summarily, connected with such an ... inquiry.

(4) References in this Order—

(a) to chief clerks and to clerks of petty sessions are references to officers of the Department designated as such by the Department;

(b) to clerks of petty sessions include references to officers of the Department designated by the Department as assistant or deputy clerks of petty sessions.

(5) Any reference in this Order to a sum adjudged to be paid by a conviction or order of a magistrates' court shall be construed as including a reference to any costs, damages , compensation or other sums adjudged to be paid by a conviction or order of which the amount is ascertained by the conviction or order.

(6) For the purposes of section 42 of the Northern Ireland Constitution Act 1973 (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

Section 3 Functions of resident magistrates and justices of the peace other than resident magistrates

(1) A resident magistrate sitting alone may, as well as exercising any function which is conferred by any enactment upon a resident magistrate or upon a lay magistrate , exercise any function which under any enactment may be exercised by—

(a) two or more lay magistrates ; or

(b) two or more resident magistrates.

(2) A lay magistrate may not sit in petty sessions and may exercise only such functions as are conferred upon a lay magistrate under—

(a) any enactment (including this Order) commencing on or after 1st January 1936; or

(b) any enactment commencing before that day included in Part I of Schedule 1.

Section 4 Local jurisdiction of justices of the peace

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Section 5 Immunity of resident magistrates etc. for acts within jurisdiction.

No action shall lie against any resident magistrate, lay magistrate or clerk of petty sessions in respect of any act or omission of his—

(a) in the execution of his duty—

(i) as a resident magistrate or a lay magistrate ; or

(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates' court; and

(b) with respect to any matter within his jurisdiction.

Section 6 Immunity for certain acts beyond jurisdiction.

An action shall lie against any resident magistrate, lay magistrate or clerk of petty sessions in respect of any act or omission of his—

(a) in the purported exercise of his duty—

(i) as a resident magistrate or a lay magistrate ; or

(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates' court; but

(b) with respect to a matter which is not within his jurisdiction,

if, but only if, it is proved that he acted in bad faith.

Section 6A Costs in legal proceedings

(1) A court may not order any resident magistrate, lay magistrate or clerk of petty sessions to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—

(a) as a resident magistrate or a lay magistrate ; or

(b) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates' court.

(2) Paragraph (1) does not apply in relation to—

(a) any proceedings in which a resident magistrate, lay magistrate or clerk of petty sessions is being tried for an offence or is appealing against a conviction; or

(b) any proceedings in which it is proved that a resident magistrate, lay magistrate or clerk of petty sessions acted in bad faith in respect of the matters giving rise to the proceedings.

(3) Where a court is prevented by paragraph (1) from ordering a resident magistrate, lay magistrate or clerk of petty sessions to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.

(4) The Lord Chancellor may , after consultation with the Lord Chief Justice, by regulations specify—

(a) circumstances when a court shall or shall not exercise the power conferred on it by paragraph (3); and

(b) how the amount of any payment ordered under that paragraph is to be determined.

(4A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(5) Regulations under paragraph (4) shall be subject to negative resolution .

Section 7 Where warrant on conviction is issued by clerk or another justice

Where a conviction or order is made by a magistrates' court and a warrant to enforce it is signed by . . . a clerk of petty sessions, no action shall be brought against the . . . clerk who signed the warrant by reason of any lack of jurisdiction in the magistrates' court which made the conviction or order.

Section 8 Acts performed pursuant to decision of High Court or on appeal

Para. (1) rep. by 1990 c. 41

(2) Where a warrant or other document signed by a . . . clerk of petty sessions is issued upon any conviction or order which is confirmed upon appeal no action shall be brought against that . . . clerk in respect of anything done pursuant to the warrant or document.

Section 9 Where action is prohibited proceedings may be set aside

Where any action which is prohibited by this Part is commenced, the judge may, upon an application by the defendant supported by an affidavit of facts, order that the proceedings in such action be set aside with or without costs.

Section 10 Defrayal by Lord Chancellor of expenses in connection with proceedings

(1) The Lord Chancellor, with the approval of the Treasury, may defray the whole or part of any expenses incurred by a resident magistrate , by a lay magistrate or by a clerk of petty sessions in, or in connection with, any proceedings or claim brought as a result of the execution, or purported execution of the office of that resident magistrate, lay magistrate or clerk in relation to any matter other than a criminal matter if and in so far as it appears to the Lord Chancellor to be reasonable, having regard to the circumstances, that such expenses, or part of them should not be borne by that magistrate, justice or clerk personally.

(1A) The Lord Chancellor shall defray any expenses reasonably incurred by a resident magistrate , by a lay magistrate or by a clerk of petty sessions in, or in connection with, any proceedings or claim brought as a result of the execution, or purported execution, of the office of that resident magistrate, lay magistrate or clerk in relation to any criminal matter, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith.

(2) In this Article “expenses” includes damages or costs and any sums payable in connection with a settlement of proceedings or of a claim.

Section 11 Petty sessions

(1) Sessions for the holding of courts of summary jurisdiction shall continue to be known as petty sessions and are so referred to in this Order.

(2) The Lord Chief Justice may give directions as to—

(a) the places at which petty sessions are to be held;

(b) the days on which petty sessions are to be regularly held;

(c) the ordinary hours of sitting of courts of summary jurisdiction;

(d) such other incidental, consequential, transitional or supplementary matters as appear to the Lord Chief Justice to be necessary or proper.

Section 12 Holding of petty sessions in courthouse

Where a courthouse is provided or maintained under the Administration of Justice Act (Northern Ireland) 1954 at any place fixed for the holding of petty sessions, the petty sessions shall be held in that courthouse unless either—

(a) the Lord Chief Justice otherwise directs; or

(b) the resident magistrate presiding or who is to preside otherwise adjourns the sitting of the court pursuant to the powers conferred on him by section 13 of that Act.

Section 13 Magistrates' courts rules

(1) For the purposes of or in relation to any jurisdiction exercisable by magistrates' courts, any such rules as may be made with respect to such courts by virtue of section 21 (1) of the Interpretation Act (Northern Ireland) 1954 . . . may be made in accordance with the provisions of this Article.

(2) There shall be a Rules Committee appointed by the Lord Chief Justice (which may be styled “The Magistrates' Courts Rules Committee”) which shall consist of such number of persons not exceeding nine as may be appointed and shall include at least two resident magistrates, one practising barrister and one practising solicitor.

(3) It is for the Rules Committee to make such rules as are referred to in paragraph (1) (which may be known as “magistrates' courts rules”).

(3ZA) For the purposes of paragraphs (3A) to (3D), “ relevant authority ” means—

(a) in relation to magistrates' courts rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and

(b) otherwise, the Department of Justice;

and for the purposes of this paragraph “ deal with ” and “ excepted matter ” have the same meanings as in the Northern Ireland Act 1998.

(3A) After making magistrates' courts rules the Rules Committee must submit them to the relevant authority.

(3AA) The relevant authority must, after consultation with the Lord Chief Justice, allow or disallow rules submitted to it.

(3AB) Magistrates' courts rules have effect only if the relevant authority allows them.

(3AC) If the relevant authority disallows rules submitted to it, it must give the Rules Committee written reasons why it has disallowed them.

(3B) Paragraph (3C) applies if the relevant authority gives the Rules Committee written notice that it thinks it is expedient for magistrates' courts rules to include provision that would achieve a purpose specified in the notice.

(3C) The Rules Committee must make such magistrates' courts rules as it considers necessary to achieve the specified purpose.

(3D) Those rules must be—

(a) made within a reasonable period after the relevant authority gives notice under paragraph (3B);

(b) made in accordance with this Article.

(4) The Rules Committee may regulate their own quorum and procedure and appoint such sub-committee as they think fit.

(5) The chairman of the Rules Committee shall be such member of the committee as the Lord Chief Justice shall designate and the secretary to such committee shall be such person as the Lord Chancellor shall designate.

(6) Where any enactment—

(a) in force on 16th August 1964 (other than an enactment referred to in Article 15 (1)); or

(b) passed after 6th July 1964 and which does not expressly provide otherwise;

requires or authorises the making of rules (including rules prescribing forms and costs) in relation to any proceeding or matter whatsoever in magistrates' courts, such rules shall be made in accordance with the provisions of this Article and the provisions of any such enactment shall have effect accordingly.

Section 13A Control of magistrates' courts rules

(1) Magistrates' courts rules that are required under Article 13 to be submitted to the Lord Chancellor are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 applies accordingly.

(2) Magistrates' courts rules that are required under Article 13 to be submitted to the Department of Justice are subject to negative resolution.

Section 14 Rules Committee may make recommendations to Lord Chancellor

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Section 15 Rules under or for the purpose of particular enactments

(1) The power under section 32A(1) of the Treatment of Offenders Act (Northern Ireland) 1968 with respect to the making of rules under that Act regarding persons charged before magistrates' courts shall be exercised by the Secretary of State after consultation with the Rules Committee.

(2) Magistrates' courts rules may assign to juvenile courts the hearing of any applications for orders or licences relating to children . . . being applications cognizable by courts of summary jurisdiction, if in the opinion of the Lord Chief Justice after consultation with the Rules Committee it is desirable in the interests of the children . . . concerned that such applications should be heard by juvenile courts.

(3) For the purposes of paragraph (2), any complaint under Schedule 13 to the Education and Libraries (Northern Ireland) Order 1986 (which relates to compulsory attendance at school), shall be deemed to be an application for an order relating to a child.

Section 16 General jurisdiction to deal with charges

(1) A magistrates' court has jurisdiction—

(a) to conduct a preliminary inquiry ... into any indictable offence;

(b) to hear and determine a complaint charging any summary offence.

(2) A district judge (magistrates' courts) exercising the powers conferred by Article 45 and 46 has jurisdiction to try summarily any indictable offence.

(3) References above to offences are to offences, wherever committed, which are cognisable under the law of Northern Ireland.

Section 17 Offences committed on boundaries or on journeys: offences begun in one jurisdiction and completed in another

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Section 17A Offences committed on ships and abroad

Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of Northern Ireland as they apply in relation to offences under that Act or instruments under that Act.

Section 18 Summary trial of charges in and out of petty sessions

(1) Except as otherwise provided by this Article, a complaint charging a summary offence or an indictable offence with which the court has decided to deal summarily under this Order or any other enactment shall be heard and determined by a court of summary jurisdiction.

(2) A resident magistrate, if satisfied that a person charged with a summary offence or with an indictable offence which he has decided to deal with summarily in accordance with this Order or any other enactment is unable to give bail for his appearance before a court of summary jurisdiction, may hear and determine the complaint out of petty sessions.

Para. (3) rep. by 2002 c. 26

(4) Procedure before a resident magistrate or lay magistrate sitting out of petty sessions shall be as before a court of summary jurisdiction and—

(a) a resident magistrate . . . so sitting may in relation to any matter which he has jurisdiction to hear and determine under paragraph (2) . . . exercise all the powers of a court of summary jurisdiction; and

(b) orders made by a resident magistrate or lay magistrate so sitting shall have effect as orders made by a court of summary jurisdiction ....

Section 19 Time within which complaint charging offence must be made to give jurisdiction

(1) Where no period of limitation is provided for by any other enactment—

(a) a magistrates' court shall not have jurisdiction to hear and determine a complaint charging the commission of a summary offence other than an offence which is also triable upon indictment unless the complaint was made within six months from the time when the offence was committed or ceased to continue; and

(b) a complaint charging the commission of an indictable offence may be made to a justice of the peace and dealt with at any time and, accordingly, a resident magistrate may at any time after an indictable offence was alleged to have been committed exercise any jurisdiction conferred on him by Articles 45 and 46 or by any other enactment to try that offence summarily.

(2) Subject to paragraph (4), a complaint charging the commission of an offence which is both punishable upon summary conviction or triable upon indictment may be made and dealt with at any time and, accordingly, nothing in any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this Article impose a time-limit on the power of a magistrates' court to hear and determine a complaint charging the commission of a summary offence or impose a limitation on the time for taking summary proceedings shall apply in relation to any offence which is both punishable upon summary conviction or triable upon indictment.

(3) Without prejudice to the generality of paragraph (2), that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions for Northern Ireland or some other specified authority).

(4) Where as regards any indictable offence there is imposed by any enactment (however framed or worded and whether falling within paragraph (2) or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.

Section 20 Issue of summons to accused or warrant for his arrest

(1) On a complaint being made to a lay magistrate that a person has, or is suspected of having, committed a summary offence, the lay magistrate may issue a summons directed to that person requiring him to appear before a magistrates' court to answer to the complaint.

(2) On a complaint being made to a lay magistrate that a person has, or is suspected of having, committed an indictable offence, the lay magistrate may either—

(a) issue a summons requiring him to appear before a magistrates' court; or

(b) issue a warrant to arrest that person and bring him before a magistrates' court

(3) Where the offence charged in the complaint is an indictable offence, a warrant under this Article may be issued by a lay magistrate at any time notwithstanding that a summons has previously been issued and whether before or after the time mentioned in such summons for the appearance of the person summoned.

(4) Where a lay magistrate is satisfied that a summons issued under paragraph (1) has not been served, the lay magistrate may, without a complaint being made to him, re-issue the summons extending the time for the appearance of the person summoned.

(5) Where a district judge (magistrates' courts) is satisfied that a person suspected of having committed a summary offence cannot for any reason be served with a summons, the district judge (magistrates' courts) may issue a warrant for the arrest of that person notwithstanding that a summons has not been first issued.

(6) A warrant may be issued in respect of any offence notwithstanding that the offence was committed outside Northern Ireland if an indictment for the offence may legally be preferred in Northern Ireland.

(7) A warrant shall not be issued under this Article unless the complaint is in writing and substantiated on oath.

Section 21 Signing of summons by clerks of petty sessions

(1) Notwithstanding anything in section 6(1) of the Magistrates' Courts Act (Northern Ireland) 1964 or any other statutory provision, a clerk of petty sessions may exercise the functions of a justice of the peace relating to the making of complaints, other than complaints on oath, under Article 20 or any other statutory provision providing for complaints to be made to a justice of the peace or authorising a justice of the peace to issue summonses; and Article 20 or by any other statutory provision or rule of law regulating, or relating to, the making of complaints, other than complaints on oath, to, or the issuing of summonses by, a justice of the peace shall apply by virtue of this paragraph in relation to the making of such complaints to, or the issuing of summonses by, a clerk of petty sessions as if he were a justice of the peace.

(2) Notwithstanding anything in Article 2 (4) or any other statutory provision, nothing in this Article shall enable an assistant or deputy clerk of petty sessions to exercise the functions of a justice of the peace under any statutory provision providing for complaints to be made to a justice of the peace or authorising a justice of the peace to issue summonses.

Section 22 Summary trial

(1) Where the accused appears or is represented at the hearing of a complaint charging a summary offence, the court shall state the substance of the complaint and ask whether the accused pleads guilty or not guilty.

(2) The court may, after hearing the evidence and such representations, if any, as may be made to it by or on behalf of the parties, convict the accused or dismiss the complaint.

(3) If the accused or his representative on his behalf informs the court that he pleads guilty, the court may convict him without hearing the evidence.

Section 23 Non appearance of accused: general provisions

(1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint charging a summary offence the accused fails to appear, a magistrates' court may adjourn the hearing or, if satisfied that there are no sufficient grounds for adjournment or further adjournment, may, subject to this Article, proceed in his absence.

(2) Where the accused has failed to appear in answer to a summons, the court shall not proceed in his absence unless it is proved that the summons was duly served upon him or that he is evading service.

(3) A court of summary jurisdiction shall not in the absence of the accused sentence him to imprisonment or order his detention of a young offenders centre or make an order under section 19 of the Treatment of Offenders Act (Northern Ireland) 1968 that a suspended sentence or order for detention shall take effect.

Section 24 Non-appearance of accused: plea of guilty

(1) Subject to paragraph (7), to this Article shall apply where a summons has been issued requiring a person to appear before a court of summary jurisdiction, other than a youth court, to answer to a complaint charging a summary offence, not being—

(a) an offence which is also triable on indictment; or

(b) an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding six months,

and the clerk of petty sessions is notified by or on behalf of the complainant that the documents mentioned in paragraph (1A) have been served upon the accused with the summons, . . .

(1A) The documents referred to in paragraph (1) are—

(a) a notice containing such statement of the effect of this Article as may be prescribed; and

(b) either of the following—

(i) a concise statement in the prescribed form of such facts relating to the charge as will be placed before the court by or on behalf of the complainant if the accused pleads guilty without appearing before the court; or

(ii) a copy of such written statement or statements complying with subsections (2)(a) and (b) and (4) of section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (proof by written statement) as will be so placed in those circumstances.

(2) Subject to paragraphs (3) to (5), where the clerk of petty sessions receives a notification in writing purporting to be given by the accused or by a solicitor acting on his behalf that the accused desires to plead guilty without appearing before the court, the clerk shall inform the complainant of the receipt of the notification and if at the time and place appointed for the hearing or adjourned hearing of the complaint the accused does not appear it is proved to the satisfaction of the court, on oath or by affidavit or in the prescribed manner, that the documents mentioned in paragraph (1A) have been served upon the accused with the summons, the—

(a) subject to this Article and article 23 (3) the court may proceed to hear and dispose of the case in the absence of the accused, whether or not the complainant is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty; or

(b) if the court decides not to proceed as mentioned in sub-paragraph (a), the court shall adjourn or further adjourn the trial for the purpose of dealing with the complaint as if that notification had not been given.

(3) If at any time before the hearing the clerk of petty sessions receives an intimation in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification given under paragraph (2) the clerk shall inform the complainant of that withdrawal and the court shall deal with the complaint as if this Article had not been made.

(4) Before accepting the plea of guilty and convicting the accused in his absence under paragraph (2), the court shall cause the following to be read out before the court—

(a) in a case where a statement of facts as mentioned in paragraph (1A)(b)(i) was served on the accused with the summons, that statement;

(b) in a case where a statement or statements as mentioned in paragraph (1A)(b)(ii) was served on the accused with the summons and the court does not otherwise direct, that statement or those statements;

(c) the notification given under paragraph (2); and

(d) any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence.

(4A) Where the court gives a direction under paragraph (4)(b), the court shall read aloud the purport of so much of any statement as is not read out under that paragraph.

(4B) Whether or not a direction under sub-paragraph (b) of paragraph (4) is given in relation to any statement served as mentioned in that sub-paragraph, the court need not cause to be read out the declaration required by section l(2)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968.

(5) If the court proceeds under paragraph (2)(a) to hear and dispose of the case in the absence of the accused, the court shall not—

(a) except on a resumption of the hearing after an adjournment under Article 50, permit any statement to be made by or on behalf of the complainant with respect to any facts relating to the offence charged other than the statements referred to in paragraph (1A)(b) ;

(b) without adjourning under that Article order him to be subject to any disqualification.

(6) Where the court adjourns in pursuance of this Article, notice of the adjournment shall be served on the accused and that notice shall specify the reason for the adjournment.

(7) The Lord Chancellor may by order provide that this Article shall not apply in relation to such offences in addition to those specified in paragraph (1) (a) and (b) as may be specified in the order, and an order under this paragraph shall be subject to negative resolution .

Section 25 Non-appearance of accused: issue of warrant

(1) Without prejudice to the power of a court of summary jurisdiction under Article 138 to estreat a recognizance to appear, where the accused has failed to appear at a hearing or adjourned hearing the court may, if the complaint has been substantiated on oath and the court considers it undesirable by reason of the gravity of the offence to proceed in the absence of the accused, issue a warrant for his arrest.

(2) Where an accused has been convicted in his absence by a court of summary jurisdiction of an offence punishable with imprisonment and the court—

(a) cannot proceed in his absence by virtue of Article 23(3); or

(b) considers it undesirable by reason of the gravity of the offence to proceed in his absence;

the court may issue a warrant for his arrest.

(3) Where the accused has failed to appear in answer to a summons, the court shall not issue a warrant for his arrest unless it is proved that the summons was duly served upon him or that he is evading service.

(4) Where the accused has failed to appear at an adjourned hearing the court shall not issue a warrant unless it is satisfied that reasonable steps have been taken to bring to the attention of the accused notice of the time and place of the adjourned hearing.

(5) Paragraph (1) shall not apply to an adjournment by reason of the requirements of Article 24(2)(b) and that paragraph and paragraph (2) shall not apply to an adjournment on the occasion of the accused's conviction in his absence under Article 24(2) except where the accused fails to appear at the time and place appointed for the adjourned hearing.

Section 25A Proceedings invalid where accused did not know of them

(1) Where a summons has been issued under Article 20 and a magistrates' court has begun to hear the complaint to which the summons relates, then, if—

(a) the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to hear the complaint; and

(b) within 21 days of that date the declaration is served on the clerk of petty sessions,

without prejudice to the validity of the complaint, the summons and all subsequent proceedings shall be void.

(2) For the purposes of paragraph (1) a statutory declaration shall be deemed to be duly served on the clerk of petty sessions if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

(3) If on the application of the accused it appears to a court of summary jurisdiction that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in paragraph (1) within the period allowed by that paragraph, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this paragraph shall be deemed to have been served as required by that paragraph.

(4) Where any proceedings have become void by virtue of paragraph (1), the complaint shall not be heard again by the same resident magistrate or justice of the peace or, where the complaint was heard by a juvenile court, any member of the court which heard the complaint.

Section 26 Non-appearance of complainant

Where an accused appears at the time and place appointed for the hearing or adjourned hearing of a complaint charging a summary offence the court may, if the complainant (having in the case of a warrant due notice of the accused's arrest) does not appear,—

(a) dismiss the complaint; or

(b) order it to be struck out; or

(c) adjourn or further adjourn the hearing to a future day; or

(d) if evidence has been received on a previous occasion, proceed in the absence of the complainant.

Section 27 Non-appearance of both parties

Where at the time and place appointed for the hearing or adjourned hearing of a complaint charging a summary offence neither the complainant nor the accused appears, the court may—

(a) dismiss the complaint; or

(b) order it to be struck out; or

(c) adjourn or further adjourn; or

(d) if evidence has been received on a previous occasion, proceed in their absence.

Section 28 Power of court of summary jurisdiction to authorise taking deposition of person sick or unable to attend

(1) Where a court of summary jurisdiction is satisfied by the evidence of a duly qualified medical practitioner that a person, who is able and willing to give material information relating to a summary offence, or relating to any person accused of such offence, is so ill as to be unable to travel or where for any reason the attendance of a person before the court cannot conveniently be procured the court may adjourn the hearing in order that a deposition of that person may be taken in writing before a resident magistrate or other justice of the peace sitting out of petty sessions.

(2) Subject to paragraph (3), the deposition shall be admissible in evidence either for or against the accused without further proof thereof if it purports to be signed by the resident magistrate or justice of the peace by whom it purports to be taken.

(3) The deposition shall not be admissible in evidence either for or against the accused unless it is proved that reasonable notice of the intention to take the deposition had been served upon the person (whether complainant or accused) against whom it is proposed to be given in evidence and that he or his counsel or solicitor had or would have had if he had chosen to be present, an opportunity of cross-examining the person making the deposition.

(4) The provisions of this section are in addition to and not in derogation of Articles 25 and 26 of the Criminal Justice (Children) (Northern Ireland) Order 1998 .

Section 29 Right to claim trial by jury for certain summary offences

(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 Article, claim to be tried by a jury, unless the offence is an offence under—

(a) any provision of the Explosives Act 1875 ;

(b) section 1 or 2 of the Protection of the Person and Property Act (Northern Ireland) 1969 ;

(c) section 4 of the Explosives Act (Northern Ireland) 1970 ;

(d) Article 3(1), 3(1) and (3), 4 or 5 of the Criminal Damage (Northern Ireland) Order 1977 which is triable summarily by virtue of Article 9(1) of that Order;

Sub‐para. (e) rep. by 1991 NI 3

(f) Article 3, 61(2) or 64 of the Firearms (Northern Ireland) Order 2004

(g) Article 18(3) of the Public Order (Northern Ireland) Order 1987 (riotous behaviour)

(h) Article 5(1) or (2) of the Criminal Justice (Northern Ireland) Order 2003 (absconding by person admitted to bail)

(i) paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by person admitted to bail in respect of a scheduled offence).

(j) Article 22 of the Public Order (Northern Ireland) Order 1987;

(k) the Crossbows (Northern Ireland) Order 1988;

(l) section 139(1), 139A(1) or (2) or 141(1) of the Criminal Justice Act 1988;

(m) Article 53 or 54(1) of the Criminal Justice (Northern Ireland) Order 1996;

(n) section 1 or 2 of the Knives Act 1997.

(o) section 93 of the Justice (Northern Ireland) Act 2010.

(p) section 4 or 8(1) or (2) of the Welfare of Animals Act (Northern Ireland) 2011 (unnecessary suffering; fighting).

(q) section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (the domestic abuse offence).

(r) section 1 or 2 of the Protection from Stalking Act (Northern Ireland) 2021.

(s) section 1 or 2 of the Pet Abduction Act 2024 (dog or cat abduction).

(2) Where under paragraph (1) 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 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 paragraph (1) 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 paragraph (3), 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 Article 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;

the court shall deal with the complaint in all respects as if it were for an offence punishable on conviction on indictment only; and the offence, whether or not indictable otherwise than by virtue of any such claim, shall be deemed to be an indictable offence.

Section 30 Preliminary investigation

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Section 31 Power to conduct preliminary inquiry

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Section 32 Documents to be furnished to court and served on accused

(1) Where a preliminary inquiry into an indictable offence is to be heldby a magistrates’ court, the prosecution shall—

(a) send copies of the documents mentioned in sub-paragraph (b) to the clerk of petty sessions ...; and

(b) cause ... the following documents, that is to say—

(i) a statement of the complaint made against him;

(ii) a statement of the evidence of each witness upon whose evidence the complaint is based;

(iii) a list of exhibits, if any, to be produced or referred to by the witness referred to in head (ii) together with—

(aa) in the case of a written exhibit, a copy of that exhibit or a notice of the time and place when that exhibit may be examined by the accused or his solicitor or any witness whom the accused may wish to call at his trial to give evidence relating to it; and

(bb) in the case of any other exhibit, a notice of the time and place when that exhibit may be examined as mentioned in paragraph (aa);

to be served on the accused, or if there is more than one accused person upon each such person, a reasonable time before the day fixed for the conduct of the preliminary inquiry.

(2) The accused shall have the right to inspect every exhibit, either by himself or in consultation with his solicitor or any witness whom the accused may wish to call at his trial.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If, when the accused appears before the court and the charge is read to him according to law,—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the court is satisfied that in all the circumstances the accused has not had sufficient notice of any evidence to be tendered at the preliminary inquiry; or

(c) the documents mentioned in paragraph (1) (b) have not been served on the accused,

the court shall remand the accused in accordance with Article 47.

Section 33 Requirements as to written statements

(1) A magistrates' court conducting a preliminary inquiry may admit the statement of the evidence to be given by a witness ... if the following conditions are complied with, that is to say—

(a) the statement shall be in writing,

(b) the statement shall purport to be signed by the person who made it,

(c) the statement shall contain a declaration by that person to the effect that—

(i) it is true to the best of his knowledge and belief, and

(ii) he made the statement knowing that, if it were tendered in evidence, whether at a preliminary inquiry or at the trial of the accused, he would be liable to prosecution if he wilfully said in it anything which he knew to be false or did not believe to be true,

which declaration shall be endorsed with the signature of the person who recorded the statement, or to whom the statement was delivered by the maker of the statement for the purposes of the proceedings,

(d) none of the parties objects to the statement being admitted in evidence upon a ground which would constitute a valid objection to oral evidence to the like effect as the contents of the statement,

(e) if the statement is made by a person under the age of twenty-one, his age shall be set forth in the statement, and

(f) if it is made by a person who cannot read, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read and that after it was so read the maker of the statement assented to it.

(2) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this Article shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

(3) Nothing in this Article shall prevent the giving in evidence of any confession, or other statement, made at any time by the accused which is admissible in law against him.

Section 34 Preliminary inquiry

(1) A magistrates' court conducting a preliminary inquiry shall—

(a) consider the documents mentioned in Article 32 (1) (b) other than a statement which is not admitted in evidence by reason of an objection taken to it under Article 33 (1) (d), together with the exhibits admitted in evidence, and

(b) read aloud so much of every written statement as is admitted in evidence, or the purport thereof, if requested to do so by either the prosecution or the accused, and

(c) consider any submissions which may be made by or on behalf of the prosecution or the accused.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The court shall ask the accused if he has anything to say in answer to the charge and at the same time shall caution the accused that he is not obliged to say anything unless he wishes to do so and that whatever he does say may be taken down in writing and may be given in evidence at his trial; and whatever the accused says in answer after such caution shall be taken down in writing and read over to him and shall be signed by the resident magistrate . . . conducting the preliminary inquiry.

(4) The accused's statement made and appearing to be signed under paragraph (3) may be given in evidence at his trial without further proof unless it is proved that it was not signed by the resident magistrate . . . by whom it purports to have been signed.

(5) It shall be a sufficient compliance with this Article requiring the court to read aloud the contents of any written statement, or the purport of any such statement, or to address the accused, for the presiding resident magistrate . . . to cause the statement, or the purport of that statement, to be read or the accused to be addressed in the appropriate manner, by an official of the court.

Section 35 Committal proceedings to be in open court

The place in which a magistrates' court is sitting to conduct ... a preliminary inquiry shall be deemed to be an open court except where—

(a) any statutory provision contains an express provision to the contrary; or

(b) it appears to the court that the ends of justice would not be served by sitting in open court for the whole or any part of the ... inquiry.

Section 36 Adjournment of committal proceedings to another petty sessions district

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Section 37 Discharge or committal for trial

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the court conducting a preliminary inquiry is of opinion, after considering—

(a) the documents referred to in Article 32 (1) (b) (i) and (iii) and the statements admitted in evidence under Article 33 (1);

(b) any written depositions;

(c) the exhibits;

(d) any submissions made under Article 34 (1); and

(e) the statement of the accused made and signed under Article 34 (3),

that the evidence is sufficient to put the accused upon trial by jury for any indictable offence it shall commit him for trial; and if it is not of that opinion, it shall, if he is in custody for no cause other than the offence which is the subject of the inquiry, discharge him.

(3) The court may commit the accused for trial—

(a) in custody, that is to say, by committing him to custody there to be kept until delivered in due course of law; or

(b) subject to Article 38, on bail, that is to say, by taking from him a recognizance conditioned for his appearance at the time and place of trial;

and may, if the accused is remanded in custody, certify in the prescribed manner its consent to the accused being released on bail until his trial and in that event shall fix the amount of the recognizance with a view to its being taken subsequently.

(4) Subject to Article 38, a magistrates' court upon an application by or on behalf of a person committed for trial, may release that person from prison, if he is in custody for no other cause, at any time before the first sitting of the court before which he is to be tried upon his entering into a recognizance pursuant to paragraph (3) (b).

(5) . . . magistrates' court rules may provide for the transmission to the court or trial of documents and exhibits connected with a preliminary ... inquiry.

(6) If the court conducting the preliminary inquiry discharges the accused the court shall read aloud the contents of every written statement admitted in evidence; and where the contents of the written statements are so read out an order made under Article 44 (2) shall not apply to the evidence contained in those statements.

Section 38 Bail in treason, etc.

A person charged with treason or with any offence under the Treason Felony Act 1848 shall not be admitted to bail except by order of the High Court or of the Secretary of State.

Section 39 Binding over complainant and witnesses to attend trial

(1) A magistrates' court conducting a preliminary ... inquiry shall bind each witness whose deposition it has taken, other than the accused and any witness merely as to his character, by a recognizance to attend and to give evidence at the trial of any indictment against the accused and, except where the complainant is a public or local authority or an officer of a public or local authority acting as such or is a constable acting as such, it shall bind the complainant by a recognizance to prosecute the accused at the trial.

(2) Where it appears to the court, after taking into account any representation made by or on behalf of the accused or the prosecution, that the attendance at the trial of any witness examined before the court is unnecessary by reason of any statement by the accused, or of the accused having admitted before the court the truth of the charge or of the evidence of the witness being merely of a formal nature, the court shall—

(a) if the witness has not already been bound over, bind him over conditionally to attend the trial, that is to say, on notice being given to him and not otherwise;

(b) if the witness has already been bound over, direct that he shall be treated as having been bound over to attend the trial conditionally as aforesaid.

(3) Where in pursuance of paragraph (2) a witness has been, or is treated as having been, bound over conditionally to attend the trial of a person committed for trial, then, at any time before the opening of the Crown Court at which the person is to be tried, if the prosecution or the person committed for trial gives notice to the chief clerk that he wishes the witness to attend at the trial, the chief clerk shall forthwith give notice in writing to the witness that he is required so to attend in pursuance of his recognizance.

(4) A magistrates' court on committing any person for trial shall inform him of his right to require the attendance at the trial of any witness bound over, or treated as bound over, conditionally as aforesaid and of the steps he must take for the purpose of enforcing such attendance.

(5) If any witness on being required to enter into a recognizance under this article refuses to do so, the court may commit him to prison until the trial of the accused or until he sooner enters into the recognizance, so, however, that if the court does not commit the accused for trial or if for any reason it appears to the court that the attendance of the witness will not be necessary it may release the witness.

Section 40 Committal after non-appearance of accused

(1) Where an indictment has been presented at any court against a person who is then at large and who has not appeared and pleaded to such indictment, whether or not he has been bound by recognizance to appear, the clerk of the court may, subject to paragraph (2), at any time after the sitting of the court at which the indictment was presented upon the application of the prosecution grant him a certificate of such indictment having been presented.

(2) A certificate shall not be granted under paragraph (1) in respect of any indictment in respect of which the judge has, pursuant to section 2 (3) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 directed the entry of “No Bill”.

(3) Upon production of the certificate to any justice of the peace, the justice may issue a warrant to arrest such person and for his appearance before a magistrates' court.

(4) Upon the arrest of a person for whom a warrant is issued under paragraph (3) and upon its being proved on oath that the person so arrested is the person who is charged and named in the indictment, the magistrates' court before whom such person has been brought shall, without further inquiry, commit him for trial remanding him to prison meanwhile or admitting him to bail in accordance with the provisions of Article 37.

(5) Nothing in this Article shall be deemed to prevent any judge, the chief clerk or other officer from issuing any warrant (which he might otherwise by law issue) in any such case for the arrest of any such person.

Section 41 Power to take deposition of dying person

Where a resident magistrate or other justice of the peace is satisfied by the evidence of a duly qualified medical practitioner that a person (in this Article referred to as the “dying person”) who is able and willing to give material information relating to any indictable offence or to any person accused of any such offence, is dangerously ill and not likely to recover from such illness, and it is not practicable to take the dying person's deposition in accordance with the preceding provisions of this Part he may take in writing the deposition of the dying person on oath, wherever that person may be, and shall sign the deposition.

Section 42 Reading at court of trial deposition or statements taken at preliminary investigation or inquiry of a dying person

(1) The deposition of a witness whose attendance is stated to be unnecessary under Article 39 (2) ... may, subject to this Article, be read at the court of trial provided—

(a) it is proved, either by the oath of a credible witness or by a certificate purporting to be signed by the resident magistrate or lay magistrate before whom the deposition purports to have been taken or by the clerk of petty sessions, that the deposition was taken in the presence of the accused and that the accused or his counsel or solicitor (or in the case of a witness called by the accused, the prosecution) had an opportunity of cross-examining the witness;

(b) the deposition purports to be signed by the resident magistrate or lay magistrate before whom it purports to be taken; and

(c) in the case of a witness conditionally bound over to attend the trial under Article 39 no notice has been served upon him requiring his attendance.

(2) Paragraph (1) shall not have effect if it is proved that the deposition, or, where the proof required by paragraph (1) (a) is given by means of a certificate, that the certificate, was not in fact signed by the magistrate or clerk of petty sessions by whom it purports to have been signed.

(3) The statement of a witness admitted in evidence at a preliminary inquiry ... which complies with the provisions of Article 33 may, with the leave of the court, be read as evidence at the trial—

(a) by agreement between the prosecution and the defence, or

(b) if the court is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success.

(4) Where notice is given requesting the attendance of a witness conditionally bound over under Article 39 at the court of trial and such notice is given so late as to make such attendance impracticable the judge of that court may, unless he is satisfied that such attendance is essential in the interests of justice, disallow the notice and authorise the reading of the deposition of that witness at the trial of an accused.

(5) The deposition of a dying person taken and purporting to be signed in accordance with Article 41 may be read at the court of trial if it is proved that—

(a) the dying person has since died or is unable to travel or give evidence; and

(b) reasonable notice of the intention to take the deposition was served upon the person (whether prosecution or defence) against whom it is proposed to be given in evidence and that the accused or his counsel or solicitor, or as the case may require, the prosecution had or might have had, if he or, as the case may be, the prosecution had chosen to be present, an opportunity of cross-examining the dying person making the deposition.

Section 43 Facts to be stated on open court on plea of guilty

(1) Where an accused who has been committed for trial under the provisions of Article 37 (2) pleads guilty on arraignment to any count in the indictment preferred against him, the prosecution shall, unless the judge otherwise directs, before the accused is sentenced in respect of the offence charged in that count, state in open court sufficient of the facts upon which that count is based as will make known the identity of the accused, and the nature and gravity of the offence charged in that count.

(2) The failure of the prosecution to comply, or adequately to comply, with the provisions of paragraph (1) shall not affect the validity of any sentence passed upon the accused.

Section 44 Reports of preliminary proceedings

(1) Where at a preliminary ... inquiry an opening statement is made on behalf of the prosecution, such statement shall not be printed published or included in a relevant programme .

(2) Subject to Article 37 (6), where at a preliminary ... inquiry objection is taken as to the admissibility of any evidence the court may, if satisfied that the objection is made in good faith, order that such evidence and any discussion relating thereto shall not be printed published or included in a relevant programme and, if it appears to the court that publication of any part of the evidence adduced before it (whether or not any objection is made thereto) would prejudice the trial of the accused, it may order that such part of the evidence shall not be printed published or included in a relevant programme .

(3) Any person who acts in contravention of paragraph (1) or of any order made under paragraph (2) shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale , or to both.

(4) A prosecution for an offence under this Article shall not be instituted otherwise than by or with the consent of the Attorney General.

(5) For the purposes of Article 7 (2) of the Prosecution of Offences (Northern Ireland) Order 1972 , paragraph (4) shall be deemed to be a relevant consent provision passed before 30th March 1972.

(6) In this Article “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Northern Ireland.

Section 45 Summary trial of certain indictable offences

(1) Where—

(a) an adult is charged before a resident magistrate (whether sitting as a court of summary jurisdiction or out of petty sessions under Article 18 (2)) with an indictable offence specified in Schedule 2; and

(b) the magistrate, at any time, having regard to—

(i) any statement or representation made in the presence of the accused by or on behalf of the prosecution or the accused;

(ii) the nature of the offence;

(iii) the absence of circumstances which would render the offence one of a serious character; and

(iv) all the other circumstances of the case (including the adequacy of the punishment which the court has power to impose);

thinks it expedient to deal summarily with the charge; and

(c) the accused, subject to paragraph (2) having been given at least twenty-four hours' notice in writing of his right to be tried by a jury, consents to be dealt with summarily;

the magistrate may, subject to the provisions of this Article and Article 46, deal summarily with the charge and convict and sentence the accused whether upon the charge being read to him he pleads guilty or not guilty to the charge.

(2) The requirement of the notice mentioned in paragraph (1) (c) may be waived in writing by the accused.

(3) A resident magistrate shall not deal summarily under this Article with any offence without the consent of the prosecution.

(4) For the purpose of this Article and Article 46 “adult” means a person who is, in the opinion of the court, of the age of eighteen years or upwards.

Section 46 Powers of court in dealing summarily with an indictable offence

(1) A resident magistrate may assume the power to deal with an offence summarily under Article 45 at any stage of the proceedings ... and, where such power is assumed, the provisions of any enactment (including this Order) for the time being in force relating to summary offences shall (subject to the succeeding provisions of this Article and to magistrates' courts rules) apply as if the offence were a summary offence and not an indictable offence.

(2) Notwithstanding that a magistrate has decided to deal summarily with an offence specified in Schedule 2 and that the accused has consented to be dealt with summarily the magistrate may reconsider his decision at any time prior to his determination to convict and sentence the accused, and, if satisfied that it is expedient to do so, he may decide, instead of dealing with the offence summarily, to commit the accused for trial and in such event ... a preliminary inquiry shall be conducted, and the offence dealt with in all respects as if the magistrate had not decided to deal with it summarily.

(3) Where a resident magistrate deals summarily with an offence specified in Schedule 2 and the offence is such that, had the accused been charged on indictment with that offence, he might lawfully have been convicted of an alternative offence, the magistrate may convict him of such alternative offence.

(4) Upon convicting the accused the magistrate may sentence him to be imprisoned for a term not exceeding twelve months or to a fine not exceeding the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984 or to both, so, however, that the accused shall not be sentenced to imprisonment for any greater term or to a fine of any greater amount that the term or fine to which he would be liable if tried on indictment.

(5) If the magistrate dismisses a charge with which he has dealt summarily under the provisions of Article 45 and of this Article, the dismissal shall in all cases have effect as though it were an acquittal on a trial of the charge upon indictment.