Commentary on Sections Trials on indictment without a jury Section 4: Court for trial
28.The default position under this section is that all non-jury trials will be held in Belfast. However, under subsection (1) of section 4 the Lord Chief Justice of Northern Ireland (‘LCJ’) can direct that one particular trial, a part of a trial or a class of trials, be held at the Crown Court sitting elsewhere. Subsection (2) enables the LCJ to delegate that power to another judge.
29.Subsection (3) requires a case where a DPP(NI)’s certificate has been issued under section 1 to be returned for trial to the Crown Court in Belfast (or the place specified in any direction under subsection (1)). Subsection (4) deals with cases where a DPP(NI)’s certificate is issued after the case has been returned for trial but before arraignment and subsection (6) deals with cases where the LCJ’s direction under subsection (1) is made after the case has been returned for trial.