SCHEDULES

SCHEDULE 3Allocation of cases triable either way, and sending cases to the Crown Court etc

Part 2minor and consequential amendments

Crime and Disorder Act 1998 (c. 37)

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The Crime and Disorder Act 1998 is amended as follows.

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In section 52 (provisions supplementing section 51)—

a

in subsection (1), after “51” there is inserted “ or 51A ”,

b

in subsection (3), after “51” there is inserted “ or 51A ”,

c

in subsection (5), after “51” there is inserted “ or 51A ”,

d

in subsection (6), after “51” there is inserted “ or 51A ”, and

e

in the heading, after “51” there is inserted “ and 51A ”.

70

In section 121 (short title, commencement and extent), in subsection (8), before “paragraphs 7(1)” there is inserted “ paragraph 3 of Schedule 3 to this Act, section 52(6) above so far as relating to that paragraph, ”.

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In paragraph 3 of Schedule 3 (reporting restrictions)—

a

in each of paragraphs (a) and (b) of sub-paragraph (1), for “Great Britain” there is substituted “ the United Kingdom ”,

b

in sub-paragraph (8), after paragraph (b) there is inserted—

bb

where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information;

c

after sub-paragraph (9) there is inserted—

9A

The following is relevant business information for the purposes of sub-paragraph (8) above—

a

any address used by the accused for carrying on a business on his own account;

b

the name of any business which he was carrying on on his own account at any relevant time;

c

the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;

d

the address of any such firm;

e

the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

f

the address of the registered or principal office of any such company;

g

any working address of the accused in his capacity as a person engaged by any such company;

and here “engaged” means engaged under a contract of service or a contract for services.

d

after sub-paragraph (11) there is inserted—

11A

Proceedings for an offence under this paragraph shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.

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In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in sub-paragraph (12), for the definition of “the relevant date” there is substituted—

“the relevant date” means the expiry of the period referred to in paragraph 1(1) above.