The Magistrates' Courts (Notices of Transfer) Rules 1988

Statutory Instruments

1988 No. 1701 (L.23)

MAGISTRATES' COURTS

PROCEDURE

The Magistrates' Courts (Notices of Transfer) Rules 1988

Made

3rd October 1988

Laid before Parliament

7th October 1988

Coming into force

31st October 1988

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980(1), as extended by section 145 of that Act, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:

Citation and Commencement

1.  These Rules may be cited as the Magistrates' Courts (Notices of Transfer) Rules 1988 and shall come into force on 31st October 1988.

Interpretation

2.  In these Rules—

“the Act” means the Criminal Justice Act 1987(2);

“designated authority” means an authority referred to in section 4(2) of the Act;

“notice of transfer” means a notice referred to in section 4(1)(c) of the Act.

Transfer on bail

3.—(1) Where a person in respect of whom notice of transfer has been given is granted bail under section 5(3) or (7A) of the Act by the magistrates' court to which notice of transfer was given, the clerk of the court shall give notice thereof in writing to the governor of the prison or remand centre to which the said person would have been committed by that court if he had been committed in custody for trial.

(2) Where notice of transfer is given in respect of a corporation the clerk of the court to which notice of transfer was given shall give notice thereof to the governor of the prison to which would be committed a male over 21 committed by that court in custody for trial.

Notice where person removed to hospital

4.  Where a transfer direction has been given by the Secretary of State under section 47 or 48 of the Mental Health Act 1983(3) in respect of a person remanded in custody by a magistrates' court and, before the direction ceases to have effect, notice of transfer is given in respect of that person, the clerk of the court to which notice of transfer was given shall give notice thereof in writing—

(a) to the governor of the prison to which that person would have been committed by that court if he had been committed in custody for trial; and

(b) to the managers of the hospital where he is detained.

Variation of arrangements for bail

5.—(1) A person who intends to make an application to a magistrates' court under section 3(8) of the Bail Act 1976(4) as that subsection has effect under section 3(8A) of that Act shall give notice thereof in writing to the clerk of the court to which the application is to be made, and to the designated authority or the defendant, as the case may be, and to any sureties concerned.

(2) Where, on an application referred to in paragraph (1) above, a magistrates' court varies or imposes any conditions of bail the clerk of the court shall send to the appropriate officer of the Crown Court a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to such variation or imposition of conditions.

Making of witness orders where person charged is not required to appear

6.  Where by virtue of section 5(6) of the Act, a person charged is no longer required to appear before a magistrates' court to which notice of transfer in respect of him has been given, that court shall fix a date on which it will exercise its functions under section 5(8) of the Act and shall cause notice thereof to be given to the said person and to the designated authority concerned.

Documents etc to be sent to Crown Court

7.  As soon as practicable after a magistrates' court to which notice of transfer has been given has discharged the functions reserved to it under section 4(1) of the Act, the clerk of the magistrates' court shall send to the appropriate officer of the Crown Court—

(a) a list of the names, addresses and occupations of the witnesses in respect of whom witness orders have been made;

(b) a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to the grant or withholding of bail in respect of the accused;

(c) any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof;

(d) a copy of any legal aid order previously made in the case;

(e) a copy of any contribution order previously made in the case under section 7 of the Legal Aid Act 1982(5);

(f) a copy of any legal aid application previously made in the case which has been refused;

(g) any statement of means already submitted.

Forms

8.  The forms set out in the Schedule to these Rules or forms to the like effect may be used in connection with proceedings in a magistrates' court to which a notice of transfer has been given.

Mackay of Clashfern, C.

Dated 3rd October 1988

Rule 8

SCHEDULE

FORM 1

FORM 2

FORM 3

FORM 4

FORM 5

Explanatory Note

(This note is not part of the Rules)

These Rules make provision for the procedure to be followed in magistrates' courts where a notice of transfer is given under section 4 of the Criminal Justice Act 1987, which comes into force on 31st October 1988 (S.I. 1988/397). Under section 4 of that Act, a prosecutor may give to a magistrates' court a notice of transfer in respect of a case proceeding in that court if the offence charged is an indictable offence and reveals a case of serious and complex fraud. The effect of a notice of transfer is to avoid committal proceedings in such cases, but the magistrates' court to which a notice of transfer is given under section 4 retains certain functions, set out in section 5, in respect of the grant or withholding of bail, legal aid and the making of witness orders pending the Crown Court trial.

Rule 3 of these Rules makes provision for notice to be given to the governor of the appropriate prison or remand centre where a person in respect of whom a notice of transfer has been given is granted bail.

Rule 4 makes provision for notice to be given to the governor of the appropriate prison and to the managers of the relevant hospital where notice of transfer is given in respect of a person subject to a transfer direction under section 47 or 48 of the Mental Health Act 1983.

Rule 5 provides for notice to be given of an application to a magistrates' court for variation of bail arrangements and for a record of any variation in bail conditions made by a magistrates' court after notice of transfer has been given to be sent to the Crown Court.

Rule 6 requires the magistrates' court to fix a date for the making of witness orders in a case where, by virtue of section 5(6) of the Criminal Justice Act 1987, the person charged is no longer required to appear before the court, and to notify the prosecutor and the person charged of the date so fixed.

Rule 7 provides for certain documents to be sent to the Crown Court by the magistrates' court to which a notice of transfer has been given, for the purposes of the Crown Court proceedings.

Rule 8 and the Schedule to the Rules provide Forms which may be used in proceedings in a magistrates' court to which a notice of transfer has been given.

(1)

1980 c. 43.

(2)

1987 c. 38, amended by the Criminal Justice Act 1988 (c. 33), sections 144, Scheds. 15 and 16.

(3)

1983 c. 20.

(4)

1976 c. 63; section 3(8A) was inserted by section 15 of and Sched. 2 to the Criminal Justice Act 1987.

(5)

1982 c. 44.