Part I Fraud

Transfer of cases to Crown Court

4 Notices of transfer and designated authorities.

(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) F1, (7A)and (8) below and by F2paragraph 2 of Schedule 3 to the Access to Justice Act 1999.

(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.

F3(4)

This section and sections 5 and 6 below shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.