 | |
| Transitional provisions. |
109. - (1) Where a provision of sections 71 to 74 comes into force by virtue of an order under section 108(2), that shall not affect a trial on indictment where the indictment has been presented before the provision comes into force.
|
| |
(2) Where a provision of sections 71 to 74 ceases to have effect (whether or not by virtue of an order under section 108(2)), that shall not affect the application of the provision to a trial on indictment where the indictment has been presented before the provision ceases to have effect.
|
| |
(3) If when section 71(1) comes into force by virtue of an order under section 108(2) a person has been committed for trial for a scheduled offence and the indictment has not been presented, then on the coming into force of section 71(1) he shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed-
|
| |
(a) to the Crown Court sitting in Belfast, or |
| |
(b) where a direction is given under section 71(1) which affects the trial, to the Crown Court sitting at the place specified in the direction. |
| |
(4) Where section 71 ceases to have effect (whether or not by virtue of an order under section 108(2)), that shall not affect-
|
| |
(a) the committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or |
| |
(b) the committal of a person for trial which, in accordance with that provision, has taken effect as a committal for trial to the Crown Court sitting elsewhere than in Belfast, |
| |
in a case where the indictment has not been presented.
|
| |
(5) Where section 76 or 77 ceases to have effect (whether or not by virtue of an order under section 108(2)), that shall not affect the operation of the section in relation to an offence committed while it, or a corresponding earlier enactment, was in force.
|
| |
(6) Sections 104 and 105 shall not apply to a statement made or failure occurring before 4th September 1998.
|
| |
(7) Where section 104 or 105 comes into force by virtue of an order under section 108(2) it shall not apply to a statement made or failure occurring while the section was not in force.
|
| |
(8) Section 107 applies where an offence is committed on or after 4th September 1998; and for this purpose an offence committed over a period of more than one day or at some time during a period of more than one day shall be taken to be committed on the last of the days in the period.
|
