Commentary on Sections Trials on indictment without a jury Section 2: Certificates: supplementary
24.Subsection (1) requires any certificate issued under section 1 to be lodged with the court prior to arraignment. Arraignment is the stage in the case at which the defendant pleads guilty or not guilty to the charges. It is the last stage before a jury is selected to hear the case and the trial begins.
25.Subsection (2) enables the DPP(NI) to make changes to the certificate at any time before arraignment. He can amend the certificate (perhaps to reflect changes to the charges the defendant will face) and he can withdraw the certificate. If a certificate is withdrawn, the defendant will be tried before a jury.
26.Subsection (3) clarifies that the certificate can be lodged with either the magistrates’ court or the Crown Court as appropriate, depending on the stage the legal proceedings have reached.