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COMMON INFORMERS ACT (NORTHERN IRELAND) 1954

COMMON INFORMERS ACT (NORTHERN IRELAND) 1954 - LONG TITLE

An Act to abolish the common informer procedure.
[13th May 1954]
Abolition of certain common informer actions.

COMMON INFORMERS ACT (NORTHERN IRELAND) 1954 - SECT 1

1.(1) After the commencement of this Act proceedings against any
person for a penalty or forfeiture all or part of which is payable
to a common informer shall not be instituted under

(a)any enactment referred to in the Schedule to this Act; or

(b)any local or private Act.

(2) The preceding sub-section shall not operate to prevent a person
being prosecuted (whether on indictment or under the Summary
Jurisdiction Acts (Northern Ireland)) for an offence.

(3) Where, but for sub-section (1) of this section, any person
would have been liable to a forfeiture or penalty, he shall,
subject to the provisions of sub-section (4) of this section, be
liable on summary conviction to

(a)a fine not exceeding the amount of the forfeiture or penalty to
which he would otherwise have been liable; and

(b)any non-pecuniary forfeiture to which he would have been liable
as aforesaid.

(4) A person shall not be liable under sub-section (3) of this
section if by virtue of any enactment he is liable, either on
conviction on indictment or on summary conviction, to punishment
either in addition to or in substitution for the forfeiture or
penalty to which he would have been liable but for sub-section (1)
of this section.

(5) Any enactment

(a)relating to the burden of proof in proceedings prohibited by
sub-section (1) of this section; or

(b)providing a defence in any such proceedings;

(6) Notwithstanding any provision in any of the Acts set out in
the Schedule to this Act the consent of the Attorney-General or any
other person shall not be necessary for the institution of
proceedings under sub-section (3) of this section.

COMMON INFORMERS ACT (NORTHERN IRELAND) 1954 - SECT 2
Application to the Crown.

2. Sub-section (1) of section one of this Act shall bind the Crown
so as to prevent the Crown from bringing proceedings as a common
informer and, accordingly, the reference to a common informer in
that sub-section shall include a reference to the Crown acting as a
common informer.

S.3 rep. by SLR 1973

COMMON INFORMERS ACT (NORTHERN IRELAND) 1954 - SECT 4
Short title.

4.(1) This Act may be cited as the Common Informers Act (Northern
Ireland), 1954.

Subs.(2)(3) rep. by 1954 c.33 (NI) s.48(1) sch.; subs.(4) rep. by
SLR 1973

Section 1.