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CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- LONG TITLE

An Act to amend the law and practice relating to certain
proceedings in criminal courts, including the law relating to
evidence in such proceedings; to amend the criminal law in certain
respects; to alter the penalties which may be imposed for certain
offences; to do away with certain offences together with the torts
of maintenance and champerty; to repeal certain obsolete or
unnecessary enactments; and for connected purposes.
[12th December 1968]
Proof by written statement.

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 1

1.(1) In any criminal proceedings to which this section applies, a
written statement by any person shall, if such of the conditions
mentioned in subsection (2) as are applicable are satisfied, be
admissible as evidence to the like extent as oral evidence to the
like effect by that person.

(2) Subject to subsection (3), the said conditions are

(a)the statement shall purport to be signed by the person who made
it;

(b)the statement shall contain a declaration by that person to the
effect that it is true to the best of his knowledge and belief
and that he made the statement knowing that, if it were tendered
in evidence, 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;

(c)not less than fourteen days before the hearing at which the
statement is tendered in evidence, a copy of the statement is
served, by or on behalf of the party proposing to tender it, on
each of the other parties to the proceedings; and

(d)none of the other parties or their solicitors, within seven days
from the service of the copy of the statement, serves a notice on
the party so proposing objecting to the statement being tendered in
evidence under this section.

(3) The conditions mentioned in subsection (2)(c) and (d) shall not
apply if the parties agree before or during the hearing that the
statement shall be tendered in evidence under this section.

(4) The following provisions shall also have effect in relation to
any statement tendered in evidence under this section, namely

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

(b)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;

(c)if it refers to any other document as an exhibit, the copy
served on any other party to the proceedings under subsection (2)(c)
shall be accompanied by a copy of that other document or, if it
is not possible to make a copy of that other document or if an
exhibit other than a document is referred to in the statement, a
copy of the statement served under subsection (2)(c) shall be
accompanied by a notice of the time and place when the exhibit may
be examined by that other party and his solicitor and any expert
witness whom the party may wish to call at the trial to give
evidence relating to the exhibit, or by any one or more of those
persons.

(5) Notwithstanding that a written statement made by any person may
be admissible as evidence under this section

(a)the party by whom or on whose behalf a copy of the statment
was served may call that person to give evidence; and

(b)the court may, of its own motion or on the application (which
application may be made before or during the hearing) of any party
to the proceedings, require that person to attend before the court
and give oral evidence.

(6) So much of any statement as is admitted in evidence under this
section shall, unless the court otherwise directs, be read aloud at
the hearing and, where the court so directs, an account shall be
given orally of so much of any statement as is not read aloud.

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

(8) Notwithstanding section 24 of the Interpretation Act (Northern
Ireland) 1954, a document required by this section to be served on
any person may be served

(a)by delivering it to him or to his solicitor; or

(b)by addressing it to him and leaving it at his usual or last
known place of abode or place of business or by addressing it to
his solicitor and leaving it at his office; or

(c)by sending it in a registered letter or by the recorded delivery
service addressed to him at his usual or last known place of abode
or place of business or addressed to his solicitor at his office;
or

(d)in the case of a body corporate, by delivering it to the
secretary or clerk of the body at its registered or principal
office or sending it in a registered letter or by the recorded
delivery service addressed to the secretary or clerk of that body
at that office.

(9) This section shall apply to every criminal proceeding other than
a preliminary investigation of an indictable offence conducted under
the Magistrates' Courts Act (Northern Ireland) 1964.

Subs.(10) rep. by 1975 c.59 s.14(5) sch.6 Pt.III

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 2
Proof by formal admission.

2.(1) Subject to the provisions of this section, any fact of which
oral evidence may be given in any criminal proceedings may be
admitted for the purpose of those proceedings by or on behalf of
the prosecutor or defendant, and the admission by any party of any
such fact under this section shall, as against that party, be
conclusive evidence in those proceedings of the fact admitted.

(2) An admission under this section may be made before or at the
proceedings and, if made otherwise than in court, shall be in
writing signed by the person making it, if that person is an
individual, or by a director or manager or the secretary or clerk,
or some other similar officer, if the admission is made by a body
corporate.

(3) An admission under this section for the purpose of proceedings
relating to any matter shall be treated as an admission for the
purpose of any subsequent criminal proceedings relating to that
matter (including any appeal or retrial).

(4) Notwithstanding that any fact may have been admitted for the
purposes of any criminal proceedings, oral evidence of that fact may
be given by either party to the proceedings.

(5) An admission under this section may be withdrawn not later than
one clear day before the trial in the proceedings for the purpose
of which it was made, and no such admission may be withdrawn at
any later time unless the court shall otherwise allow by reason of
circumstances which could not reasonably have been foreseen; and, if
such an admission is withdrawn, the prosecutor may, with the leave
of the court, comment on the withdrawal.

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 3
Procedure for shortening arraignments.

3.(1) Upon the trial of a person on an indictment containing counts
charging offences of a like or of a substantially similar nature,
the presiding Judge, if satisfied that that person

(a)is in possession of a copy of the indictment;

(b)is able to read; and

(c)will not be prejudiced,

(2) In using the shortened form of arraignment the proper officer
shall make public the nature of the charges on which the accused
is to be tried by reading aloud and in full at least one count
in respect of each category of offence charged. Each of the other
counts relating to the same category of offence may then be put to
the accused by referring to the number of the count and adding
such other particulars as, without a full reading, may enable the
accused to understand the charge and follow it in the copy of the
indictment in his possession.

(3) A plea in answer to any such form of arraignment shall be a
good and sufficient plea notwithstanding any existing enactment or
rule of law or practice; but the presiding Judge may in his
discretion, as respects any arraignment in the shortened form,
disallow the same and any plea made thereto and direct that the
accused be rearraigned on the count or counts in question in the
ordinary form.

(4) Where the shortened form of arraignment provided for by this
section is used and a plea thereto has been entered, the conditions
stated in paragraphs (a), (b) and (c) of subsection (1) shall
thereafter be deemed to have been duly satisfied.

(5) Where a person is charged with an offence committed after a
previous conviction

(a)an arraignment made in accordance with subsection (2) shall not
be held to contravene any enactment or rule of law or practice
which operates to require him to be arraigned only upon so much of
the indictment as charges the subsequent offence; and

(b)nothing in this section shall affect the operation of any
enactment or rule of law or practice which requires the jury to be
charged, in the first instance, to enquire concerning the subsequent
offence only.

(6) Nothing in this section shall affect the operation of any rule
of law or practice requiring the substance of each count in an
indictment to be stated to the jury by whom the prisoner is to be
tried upon that indictment.

(7) In this section the expression "proper officer" means the [chief
clerk] or any other officer acting for the court or his deputy.

S.4 inserts s.5(3A) in 1967 c.18 (NI). S.5 adds s.14(6) to 1953
c.14 (NI). S.6(1) substitutes ss.25(2), 26(2) of 1929 c.1 (20 Geo.5)
(NI); subs.(2) repeals ss.16, 17 of 1872 c.57

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 7
Assault on, and obstruction of, constables, etc.

7.(1) Any person who

(a)assaults, resists, obstructs or impedes any constable in the due
execution of his duty or any person acting in aid of such
constable; or

(b)assaults any person with intent to resist or prevent the lawful
apprehension of himself or of any other person for any offence;

(i)on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine, or to both; or

(ii)on summary conviction, to imprisonment for a term not exceeding
six months or to a fine not exceeding #100, or to both.

(2) Any person may arrest without a warrant anyone who is, or whom
he, with reasonable cause, suspects to be, committing an offence
under subsection (1).

Subs.(3) repeals ss.1214 of 1851 c.19; s.38 of 1861 c.100; s.10 of
1862 c.50; s.12 of 1871 c.112; s.14 of 1935 c.13 (NI); s.25(3) of
1953 c.14 (NI)

S.8 substitutes s.2 of 1960 c.3 (NI)

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 9
Riotous, disorderly and indecent behaviour, etc.

9.(1) Any person guilty of any riotous, disorderly or indecent
behaviour, or of any behaviour whereby a breach of the peace is
likely to be occasioned, in any street, road, highway or other
public place, or in any place to which the public have access
(whether as of right or by permission and whether subject to or
free of charge), or on any premises where intoxicating liquor is
sold, 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 #100, or to both.

Subs.(2) repeals s.59 of 1935 c.13 (NI); s.27 of 1953 c.3 (NI)

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 10
Arrest of person committing indictable offence in the night.

10.(1) Any person may arrest without a warrant anyone who is, or
whom he, with reasonable cause, suspects to be, committing any
indictable offence in the night.

(2) In subsection (1), "night" means the interval between nine
o'clock in the evening and six o'clock in the morning of the next
succeeding day.

Subs.(3) repeals s.11 of 1851 c.19

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 11
Disposal of deposits in lieu of sureties in certain cases.

11.(1) Where, under any enactment, any sum or security has been
deposited with a magistrates' court, or with a member of the Royal
Ulster Constabulary, in lieu of sureties for the due performance of
the conditions of a recognizance and

(a)the conditions of the recognizance have been duly performed but
it has not been possible to repay or return the deposit to the
person who deposited it; or

(b)a condition of the recognizance has been broken but it has not
been possible to serve a notice of application to estreat the
recognizance on the person who made the deposit or to ascertain his
usual place of abode;

(i)in the case of money, to be transferred to the [Consolidated
Fund of the United Kingdom];

(ii)in the case of any other security, to be sold and the proceeds
of the sale transferred to the [Consolidated Fund of the United
Kingdom].

(2) Notice of any such application, containing particulars of the
deposit and of the party who deposited it, shall be exhibited at
the police station nearest to the place where the deposit was made
for a period of not less than one month before the hearing of the
application by the court.

(3) Where a court which has made an order under subsection (1) is
satisfied, at any time after the making thereof, upon an application
made in accordance with the said Part VIII, that any person
claiming to be entitled to the whole or part of any sum
transferred to the [Consolidated Fund of the United Kingdom] in
pursuance of that order is so entitled, that court may, by order,
so declare; and the Ministry of Finance shall issue out of the
[Consolidated Fund of the United Kingdom] such sums as may appear
to that Ministry to be necessary to provide for payment thereof
accordingly.

S.12(1), with Schedule 1, effects amendments; subs.(2) effects
repeals. S.13, with Schedule 2, effects amendments. S.14, with
Schedule 3, effects repeals

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 15
Saving.

15. Nothing in this Act shall affect any term of imprisonment or
the amount of any fine which may be imposed on conviction for an
offence committed before the commencement of this Act.

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 16
Abolition of certain offences, and other repeals.

16.(1) The following offences are hereby abolished, namely

(a)any distinct offence under the common law of maintenance
(including champerty, but not embracery), challenging to fight,
eavesdropping or being a common barrator, a common scold or a
common night walker;

(b)any offence under an enactment mentioned in Schedule 4 to the
extent to which the offence depends on any section or part of a
section included in column 3 of that Schedule.

Subs.(2), with Schedule 4, effects repeals

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 17
Civil rights in respect of maintenance and champerty.

17.(1) No person shall, under the law of Northern Ireland, be
liable in tort for any conduct on account of its being maintenance
or champerty as known to the common law, except in the case of a
cause of action accruing before this section has effect.

(2) The abolition of criminal and civil liability under the law of
Northern Ireland for maintenance and champerty shall not affect any
rule of that law as to the cases in which a contract is to be
treated as contrary to public policy or otherwise illegal.

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968
- SECT 18
Short title and commencement.

18.(1) This Act may be cited as the Criminal Justice (Miscellaneous
Provisions) Act (Northern Ireland) 1968.

(2) Commencement

Schedules 1, 2Amendments. Schedules 3, 4Repeals