The Children’s Evidence (Northern Ireland) Order 1995 (Notice of Transfer) Regulations 1996

Statutory Rules of Northern Ireland

1996 No. 153

CRIMINAL PROCEDURE

The Children’s Evidence (Northern Ireland) Order 1995 (Notice of Transfer) Regulations 1996

Made

2nd April 1996

To be laid before Parliament

Coming into operation

31st May 1996

The Attorney General, in exercise of the powers conferred on him by Article 4(5) of and paragraph 3 of Schedule 1 to the Children’s Evidence (Northern Ireland) Order 1995(1), hereby makes the following regulations:

Citation and commencement

1.  These regulations may be cited as the Children’s Evidence (Northern Ireland) Order 1995 (Notice of Transfer) Regulations 1996 and shall come into operation on 31st May 1996.

Interpretation

2.  In these regulations—

“the Director” means the Director of Public Prosecutions for Northern Ireland.

“notice of transfer” means a notice given under Article 4(1) of the Children’s Evidence (Northern Ireland) Order 1995.

Notice of transfer

3.  A notice of transfer given by or on behalf of the Director, shall be in Form 1 in the Schedule.

Notice to defendant

4.  Where a notice of transfer is given by or on behalf of the Director, a copy of the notice shall be given by or on behalf of the Director 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; 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 the Director, a copy of the notice shall be given by or on behalf of the Director 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 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 the Director, a copy of the notice shall be given by or on behalf of the Director 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.

Nicholas Lyell

Her Majesty’s Attorney General

2nd April 1996

Regulations 3 and 4

SCHEDULE

Form 1 Children’s Evidence (Northern Ireland) Order 1995

Form 2 Children’s Evidence (Northern Ireland) Order 1995

Explanatory Note

(This note is not part of the Regulations.)

These regulations provide for the form of notice of transfer under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995. That is the notice which is sent to a magistrates' court before the start of committal proceedings by or on behalf of the Director of Public Prosecutions 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. Copies of this form are required to be sent to the Crown Court and the prison governor or other person having custody of the defendant.

(1)

S.I. 1995/757 (N.I. 3)