Statutory Instruments

1988 No. 1691

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988

Made

3rd October 1988

Laid before Parliament

4th October 1988

Coming into force

31st October 1988

The Attorney General, in exercise of the powers conferred on him by section 5(9) of the Criminal Justice Act 1987(1), hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988 and shall come into force on 31st October 1988.

Interpretation

2. In these Regulations—

“designated authority” means an authority designated by section 4(2) of the Criminal Justice Act 1987; and

“notice of transfer” means a notice given under section 4(1) of that Act.

Notice of transfer

3. A notice of transfer given by or on behalf of a designated authority shall be in Form 1 in the Schedule to these Regulations, or in a form to the like effect.

Notice to defendant

4. Where a notice of transfer is given by or on behalf of designated authority, a copy of the notice shall be given by or on behalf of the authority to any person to whom the notice of transfer relates (or, if he is acting by a solicitor, to his solicitor) together with —

(a)a notice in Form 2 in the Schedule to these Regulations, or in a form to the like effect; and

(b)a statement of the evidence on which any charge to which the notice of transfer relates is based.

Notice to Crown Court

5. Where a notice of transfer is given by or on behalf of a designated authority, a copy of the notice shall be given by or on behalf of the authority to the appropriate officer of the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial together with—

(a)a copy of the notice referred to in paragraph (a) of regulation 4 above and copies of the material enclosed with that notice; and

(b)the statement referred to in paragraph (b) of that regulation.

Notice to prison governor etc.

6. Where a notice of transfer is given by or on behalf of a designated authority, a copy of the notice shall be given by or on behalf of the authority to any person who has custody of any person to whom the notice of transfer relates together with a copy of the notice referred to in paragraph (a) of regulation 4 above.

P. B. B. Mayhew

Her Majesty’s Attorney General

3rd October 1988

Regulations 3 and 4

SCHEDULE

FORM 1CRIMINAL JUSTICE ACT 1987THE QUEENvNOTICE OF TRANSFER OF CASE TO THE CROWN COURT

FORM 2CRIMINAL JUSTICE ACT 1987THE QUEENvNOTICE TO PERSON TO WHOM A NOTICE OF TRANSFER RELATES

FORM 3CRIMINAL JUSTICE ACT 1987THE QUEENvCONSENT FORM FOR PERSON REMANDED IN CUSTODY

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the form of notice of transfer under section 4 of the Criminal Justice Act 1987. That is the notice which is sent to a magistrates' court before the start of committal proceedings by or on behalf of a designated authority (as defined in that section, for example, the Director of the Serious Fraud Office) and which has the effect of transferring the case to the Crown Court. The Regulations require copies of the notice to be sent to the defendant, the Crown Court and (if the defendant is in custody) the prison governor.

The Regulations also provide for a form to be sent to the defendant informing him of the effect of the notice of transfer and seeking his consent to the exercise by the magistrates' court of certain powers in his absence. Copies of this form are required to be sent to the Crown Court and (if the defendant is in custody) the prison governor.

(1)

1987 c. 38. Section 5(9) was amended by section 144 of the Criminal Justice Act 1988 (c. 33).