Criminal Justice Act 1991

53 Notices of transfer in certain cases involving children. E+W

(1) If a person has been charged with an offence to which section 32(2) of the 1988 Act applies (sexual offences and offences involving violence or cruelty) and the Director of Public Prosecutions is of the opinion—

(a) that the evidence of the offence would be sufficient for the person charged to be committed for trial;

(b) that a child who is alleged—

(i) to be a person against whom the offence was committed; or

(ii) to have witnessed the commission of the offence,

will be called as a witness at the trial; and

(c) that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court,

a notice (“notice of transfer”) certifying that opinion may be served by or on behalf of the Director on the magistrates’ court in whose jurisdiction the offence has been charged.

(2) A notice of transfer shall be served before the magistrates’ court begins to inquire into the case as examining justices.

(3) On the service of a notice of transfer the functions of the magistrates’ court shall cease in relation to the case except as provided by paragraphs 2 and 3 of Schedule 6 to this Act or by section 20(4) of the M1 Legal Aid Act 1988.

(4) The decision to serve a notice of transfer shall not be subject to appeal or liable to be questioned in any court.

(5) Schedule 6 to this Act (which makes further provision in relation to notices of transfer) shall have effect.

(6) In this section “child” means a person who—

(a) in the case of an offence falling within section 32(2)(a) or (b) of the 1988 Act, is under fourteen years of age or, if he was under that age when any such video recording as is mentioned in section 32A(2) of that Act was made in respect of him, is under fifteen years of age; or

(b) in the case of an offence falling within section 32(2)(c) of that Act, is under seventeen years of age or, if he was under that age when any such video recording was made in respect of him, is under eighteen years of age.

(7) Any reference in subsection (6) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) of that Act includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.

Commencement Information

I1 S. 53 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M1 1988 c. 34.