Part I U.K. Fraud

Transfer of cases to Crown CourtF1 E+W

Textual Amendments

F1 S. 6 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 144(5), Sch. 8 para. 16

4 Notices of transfer and designated authorities. E+W

(1) If—

(a) a person has been charged with an indictable offence; and

(b) in the opinion of an authority designated by subsection (2) below or of one of such an authority’s officers acting on the authority’s behalf the evidence of the offence charged—

(i) would be sufficient for the person charged to be committed for trial; and

(ii) reveals a case of fraud of such seriousness and complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court; and

(c) before the magistrates’ court in whose jurisdiction the offence has been charged begins to inquire into the case as examining justices the authority or one of the authority’s officers acting on the authority’s behalf gives the court a notice (in this Act referred to as a “notice of transfer”) certifying that opinion,

the functions of the magistrates’ court shall cease in relation to the case, except as provided by section 5(3) [F2 , (7A)]and (8) below and by [F3 section 20(4) of the Legal Aid Act 1988] .

(2) The authorities mentioned in subsection (1) above (in this Act referred to as “designated authorities”) are—

(a) the Director of Public Prosecutions;

(b) the Director of the Serious Fraud Office;

(c) the Commissioners of Inland Revenue;

(d) the Commissioners of Customs and Excise; and

(e) the Secretary of State.

(3) A designated authority’s decision to give notice of transfer shall not be subject to appeal or liable to be questioned in any court.

Textual Amendments

F2 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 144(2), Sch. 8 para. 16

F3 Words in s. 4(1) substituted (1.4.1989) by 1988 c. 34, s. 45, Sch. 5 para. 22; S.I. 1989/288