Commentary on Sections Part 2: Committal for trial Chapter 1 – Preliminary investigations and mixed committals Section 7: Preliminary investigations
This section amends the Magistrates’ Courts (NI) Order 1981 (“the 1981 Order”) by inserting a new Article 29A. This provides that committal proceedings in a magistrates’ court shall be conducted by way of a preliminary investigation where the courts so directs, and in all other cases, shall be by way of a preliminary inquiry.
An accused may apply to the court for a direction that a preliminary investigation is to be held, and the court may grant such an application only if it is satisfied that a preliminary investigation is necessary in the interests of justice.