The Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992

Statutory Instruments

1992 No. 1670

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992

Made

13th July 1992

Laid before Parliament

13th July 1992

Coming into force

1st October 1992

The Attorney General, in exercise of the powers conferred on him by section 53(5) of and paragraph 4 of Schedule 6 to the Criminal Justice Act 1991(1), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992 and shall come into force on 1st October 1992.

(2) In these Regulations—

“the Director” means the Director of Public Prosecutions;

“notice of transfer” means a notice served under section 53(1) of the Criminal Justice Act 1991.

Notice of transfer

2.  A notice of transfer served by or on behalf of the Director shall be in Form 1 in the Schedule to these Regulations, or in a form to the like effect.

Notice to defendant

3.  Where a notice of transfer is served by or on behalf of the Director, a copy of the notice shall be given by or on behalf of the Director to any person to whom the notice of transfer relates (or, if he is acting by a solicitor, to his solicitor) together with—

(a) a notice in Form 2 in the Schedule to these Regulations, or in a form to the like effect; and

(b) a statement of the evidence on which any charge to which the notice of transfer relates is based.

Notice to Crown Court

4.  Where a notice of transfer is served by or on behalf of the Director, a copy of the notice shall be given by or on behalf of the Director to the appropriate officer of the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial together with—

(a) a copy of the notice referred to in paragraph (a) of regulation 3 above and copies of the material enclosed with that notice; and

(b) the statement referred to in paragraph (b) of that regulation.

Notice to prison governor etc.

5.  Where a notice of transfer is served by or on behalf of the Director, a copy of the notice shall be given by or on behalf of the Director to any person who has custody of any person to whom the notice of transfer relates together with a copy of the notice referred to in paragraph (a) of regulation 3 above.

Nicholas Lyell

Her Majesty’s Attorney General

13th July 1992

Regulations 2 and 3

SCHEDULE

FORM 1

FORM 2

FORM 3

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the form of notice of transfer under section 53 of the Criminal Justice Act 1991. That is the notice which is sent to a magistrates' court before the start of committal proceedings by or on behalf of the Director of Public Prosecutions and which has the effect of transferring the case to the Crown Court. The Regulations require copies of the notice to be sent to the defendant, the Crown Court and the prison governor or other person having custody of the defendant.

The Regulations also provide for a form to be sent to the defendant informing him of the effect of the notice of transfer and seeking his consent to the exercise by the magistrates' court of certain powers in his absence. Copies of this form are required to be sent to the Crown Court and the prison governor or other person having custody of the defendant.

(1)

1991 c. 53.