Criminal Justice Act 1987

SCHEDULES

Section 1.

SCHEDULE 1 The Serious Fraud Office

General

1 There shall be paid to the Director of the Serious Fraud Office such remuneration as the Attorney General may, with the approval of the Treasury, determine.

2 The Director shall appoint such staff for the Serious Fraud Office as, with the approval of the Treasury as to numbers, remuneration and other terms and conditions of service, he considers necessary for the discharge of his functions.

3 (1) As soon as practicable after 4th April in any year the Director shall make to the Attorney General a report on the discharge of his functions during the year ending with that date.

(2) The Attorney General shall lay before Parliament a copy of every report received by him under sub-paragraph (1) above and shall cause every such report to be published.

Procedure

4 (1) Where any enactment (whenever passed) prohibits the taking of any step—

(a) except by the Director of Public Prosecutions or except by him or another; or

(b) without the consent of the Director of Public Prosecutions or without his consent or the consent of another,

it shall not prohibit the taking of any such step by the Director of the Serious Fraud Office.

(2) In this paragraph references to the Director of Public Prosecutions include references to the Director of Public Prosecutions for Northern Ireland.

5 (1) Where the Director has the conduct of any criminal proceedings in England and Wales, the Director of Public Prosecutions shall not in relation to those proceedings be subject to any duty by virtue of section 3(2) of the prosecution of [1985 c. 23.] Offences Act 1985.

(2) Where the Director has the conduct of any criminal proceedings in Northern Ireland, the Director of Public Prosecutions for Northern Ireland shall not in relation to those proceedings be required to exercise any function under Article 5 of the [S.I. 1972 No. 538 (N.I. 1).] Prosecution of Offences (Northern Ireland) Order 1972.

6 (1) Where the Director or any member of the Serious Fraud Office designated for the purposes of section 1(4) above ("designated official") gives notice to any justice of the peace that he has instituted, or is conducting, any criminal proceedings in England and Wales, the justice shall—

(a) at the prescribed time and in the prescribed manner; or

(b) in a particular case, at the time and in the manner directed by the Attorney General;

send him every recognizance, information, certificate, deposition, document and thing connected with those proceedings which the justice is required by law to deliver to the appropriate officer of the Crown Court.

(2) Where the Director or any designated official gives notice that he has instituted, or is conducting, any criminal proceedings in Northern Ireland—

(a) to a resident magistrate or a justice of the peace in Northern Ireland;

(b) to a clerk of petty sessions in Northern Ireland,

the person to whom the notice is given shall—

(i) at the prescribed time and in the prescribed manner; or

(ii) in a particular case, at the time and in the manner directed by the Attorney General,

send him every recognizance, complaint, certificate, deposition, document and thing connected with those proceedings which that person is required by law to deliver to the appropriate officer of the Crown Court.

(3) The Attorney General may make regulations for the purpose of supplementing this paragraph; and in this paragraph "prescribed" means prescribed by the regulations.

(4) The Director or, as the case may be, designated official shall—

(a) subject to the regulations, cause anything which is sent to him under this paragraph to be delivered to the appropriate officer of the Crown Court; and

(b) be under the same obligation (on the same payment) to deliver to an applicant copies of anything so sent as that officer.

7 (1) The Attorney General may make regulations requiring the chief officer of any police force to which the regulations are expressed to apply to give to the Director information with respect to every offence of a kind prescribed by the regulations which is alleged to have been committed in his area and in respect of which it appears to him that there is a prima facie case for proceedings.

(2) The regulations may also require every such chief officer to give to the Director such information as the Director may require with respect to such cases or classes of case as he may from time to time specify.

8 (1) The Attorney General may, with the approval of the Treasury, by regulations make such provision as he considers appropriate in relation to—

(a) the fees of counsel briefed to appear on behalf of the Serious Fraud Office in any criminal proceedings; and

(b) the costs and expenses of witnesses attending to give evidence at the instance of the Serious Fraud Office and, subject to sub-paragraph (2) below, to any other person who in the opinion of that Office necessarily attends for the purpose of the case otherwise than to give evidence.

(2) The power conferred on the Attorney General by sub-paragraph (1)(b) above only relates to the costs and expenses of an interpreter if he is required because of the lack of English of a person attending to give evidence at the instance of the Serious Fraud Office.

(3) The regulations may, in particular—

(a) prescribe scales or rates of fees, costs or expenses; and

(b) specify conditions for the payment of fees, costs or expenses.

(4) Regulations made under sub-paragraph (1)(b) above may provide that scales or rates of costs and expenses shall be determined by the Attorney General with the consent of the Treasury.

9 (1) Any power to make regulations under this Schedule shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Any such regulations may make different provision with respect to different cases or classes of case.

Section 15.

SCHEDULE 2 Minor and Consequential Amendments

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

1 (1) The following paragraph shall be inserted after paragraph (a) of subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders)—.

“(aa) the offence is specified in a notice of transfer under section 4 of the Criminal Justice Act 1987 (serious and complex fraud); or”.

(2) The following paragraph shall be inserted after paragraph (i) of the proviso to that subsection—

“(iA) in a case to which paragraph (aa) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice of transfer, any counts founded on evidence set out in the statement of evidence that was included in or accompanied that notice, in pursuance of regulations under section 5(9) of the Criminal Justice Act 1987, being counts which may lawfully be joined in the same indictment;”.

Criminal Justice Act 1967 (c. 80)

2 At the end of section 11(8) of the Criminal Justice Act 1967 (by virtue of which the period for giving notice of an alibi is 7 days from the end of the proceedings before the examining justices) there shall be added the words "or, where a notice of transfer has been given under section 4 of the Criminal Justice Act 1987, of the giving of that notice".

Criminal Appeal Act 1968 (c. 19)

3 At the end of subsection (1) of section 33 of the Criminal Appeal Act 1968 (right of appeal to House of Lords) there shall be added the words "or section 9 (preparatory hearings) of the Criminal Justice Act 1987".

4 In section 36 of that Act (bail on appeal by defendant) after the word "Lords," there shall be inserted the words "other than a person appealing or applying for leave to appeal from a decision on an appeal under section 9(11) of the Criminal Justice Act 1987 (appeals against orders or rulings at preparatory hearings),".

5 In section 38 of that Act (presence of defendant at hearing) after the word "who" there shall be inserted the words "has been convicted of an offence and".

Prosecution of Offences (Northern Ireland) Order 1972 (S.I., 1972, No. 538 N.I. 1.)

6 In Article 5(3) of the Prosecution of Offences (Northern Ireland) Order 1972 (which makes provision, amongst other things, for the functions of the Director of Public Prosecutions in Northern Ireland in relation to the conduct of criminal proceedings) after the word "Director" there shall be inserted the words ", subject to any provision contained in the Criminal Justice Act 1987".

Legal Aid Act 1974 (c. 4.)

7 The following subsection shall be inserted after section 28(7) of the Legal Aid Act 1974—

“(7A) Where a notice of transfer is given under section 4 of the Criminal Justice Act 1987, the magistrates' court in whose jurisdiction the offence was charged or the Crown Court may order that the person charged shall be given legal aid for the purpose of the trial.”.

8 The following subsection shall be inserted after section 28(8) of that Act—

“(8A) The Crown Court or the criminal division of the Court of Appeal may order that a person shall be given legal aid for the purpose—

(a) of an application for leave to appeal under section 9( 11) of the Criminal Justice Act 1987 (appeals against orders or rulings at preparatory hearings); or

(b) of an appeal under that subsection.”.

Bail Act 1976 (c. 63.)

9 The following subsection shall be inserted after section 3(8) of the Bail Act 1976—

“(8A) Where a notice of transfer is given under section 4 of the Criminal Justice Act 1987, subsection (8) above shall have effect in relation to a person in relation to whose case the notice is given as if he had been committed on bail to the Crown Court for trial.”.

Supreme Court Act 1981 (c. 54.)

10 In section 76 of the Supreme Court Act 1981 (alteration by Crown Court of place of trial)—

(a) in subsection (1), after the word "or", in the second place where it occurs, there shall be inserted the words "by substituting some other place for the place specified in a notice under section 4 of the Criminal Justice Act 1987 (notices of transfer from magistrates' court to Crown Court) or by varying";

(b) after subsection (2), there shall be inserted the following subsection—

“(2A) . Where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987, directions altering the place of trial may be given under subsection (1) at any time before the jury are sworn”; and

(c) in subsection (3), for the word "or", in the second place where it occurs, there shall be substituted the words "as specified in a notice under section 4 of the Criminal Justice Act 1987 or as fixed".

11 In section 77(1) of that Act (by virtue of which Crown Court Rules are required to prescribe the minimum and maximum period which may elapse between a person's committal for trial and the beginning of the trial) after the word "trial", in the first place where it occurs, there shall be inserted the words "or the giving of a notice of transfer under section 4 of the Criminal Justice Act 1987".

12 In section 81(1 )(a) of that Act (power of Crown Court to grant bail to any person committed in custody for appearance before the Crown Court) after the word "Court" there shall be inserted the words "or in relation to whose case a notice of transfer has been given under section 4 of the Criminal Justice Act 1987".

Prosecution of Offences Act 1985 (c. 23.)

13 In section 3(2) of the Prosecution of Offences Act 1985 (which makes provision, amongst other things, for the duties of the Director of Public Prosecutions in relation to the conduct of criminal proceedings) after the word "Director" there shall be inserted the words ", subject to any provisions contained in the Criminal Justice Act 1987".

14 The following paragraph shall be inserted after paragraph (a) of section 16(2) of that Act (defendant's costs order)—

“(aa) a notice of transfer is given under section 4 of the Criminal Justice Act 1987 but a person in relation to whose case it is given is not tried on a charge to which it relates; or”.

15 The following subsection shall be inserted after section 16(4) of that Act—

“(4A) The court may also make a defendant's costs order in favour of the accused on an appeal under section 9(11) of the Criminal Justice Act 1987 (appeals against orders or rulings at preparatory hearings).”.

16 At the end of subsection (2)(b) of section 18 of that Act (award of costs against accused) there shall be added “or

(c) an appeal or application for leave to appeal under section 9(11) of the Criminal Justice Act 1987;”.