In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
S. 44(3) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)
S. 45 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)
S. 46 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3
S. 45(9) power partly exercised (11.3.1998): 1.4.1998 appointed day (E.W.) insofar as s. 45 relates to notices of transfer served under section 53 of the Criminal Justice Act 1991 c. 53 by S.I. 1998/851, art. 2.
The
Section 44 and Schedule 4 (which provide for transfer for trial instead of committal proceedings) shall be omitted.
(a)a magistrates’ court inquiring into the offence as examining justices;.
Sections 34(7), 36(8) and 37(7) (transitional) shall be omitted.
In Schedule 11 (repeals) the entries relating to the following (which concern committal, transfer and other matters) shall be omitted—
sections 13(3) and 49(2) of the
section 1 of the
section 7 of the
in paragraph 1 of Schedule 2 to the
in section 46(1) of the
in section 32(1)(b) of the
in Schedule 1 to the
in section 97(1) of the
in section 2(2)(g) of the
in section 1(2) of the
paragraphs 10 and 11 of Schedule 2 to the
in section 20(4)(a) of the
in section 1(4) of the
The 1994 Act shall be treated as having been enacted with the amendments made by subsections (2) and (5).
Subsections (3) and (4) apply where a magistrates’ court begins to inquire into an offence as examining justices after the day on which this Act is passed.
Section 5 of the Criminal Justice Act 1987 (notices of transfer in cases of serious or complex fraud) shall be amended as mentioned in subsections (2) and (3).
In subsection (9)(a) (regulations) for the words “a statement of the evidence” there shall be substituted “copies of the documents containing the evidence (including oral evidence)”.
The following subsection shall be inserted after subsection (9)—(9A)Regulations under subsection (9)(a) above may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied.
In Schedule 6 to the Criminal Justice Act 1991 (notices of transfer in certain cases involving children) paragraph 4 (regulations) shall be amended as mentioned in subsections (5) and (6).
In sub-paragraph (1)(a) for the words “a statement of the evidence” there shall be substituted “
copies of the documents containing the evidence (including oral evidence)
”.
The following sub-paragraph shall be inserted after sub-paragraph (1)—(1A)Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied.
In paragraph 6 of Schedule 6 to the 1991 Act (reporting restrictions) in sub-paragraph (8) for the words “sub-paragraphs (5) and (6)” there shall be substituted “
sub-paragraphs (5) and (7)
”.
This section applies where a notice of transfer is given under section 4 of the 1987 Act or served under section 53 of the 1991 Act (as the case may be) on or after the appointed day.
The reference in subsection (8) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 1 to this Act (which contains provisions about committal proceedings and related matters) shall have effect.