PART 11TRANSFER FOR TRIAL OF SERIOUS FRAUD CASES OR CASES INVOLVING CHILDREN

Contents of this Part

Interpretation of this Part

rule 11.1

Transfer on bail

rule 11.2

Notice where person removed to hospital

rule 11.3

Variation of arrangements for bail

rule 11.4

Documents to be sent to the Crown Court

rule 11.5

Interpretation of this Part11.1.

(1)

In this Part, ‘notice of transfer’ means a notice referred to in section 4(1) of the Criminal Justice Act 1987186 or section 53(1) of the Criminal Justice Act 1991187.

(2)

Where this Part requires a document to be given or sent, or a notice to be communicated in writing, it may, with the consent of the addressee, be sent by electronic communication.

(3)

Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(a)

by means of an electronic communications network (within the meaning of the Communications Act 2003188); or

(b)

by other means but while in an electronic form.

[Note. See also sections 4 and 5 of the Criminal Justice Act 1987 and section 53 of, and Schedule 6 to, the Criminal Justice Act 1991. On the coming into force of Schedule 3 to the Criminal Justice Act 2003189, those provisions will be replaced with sections 51B and 51C of the Crime and Disorder Act 1998190, which are to similar effect. For the duties of the prosecuting authority see The Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988191 and The Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992192.]

Transfer on bail11.2.

(1)

Where a person in respect of whom notice of transfer has been given―

(a)

is granted bail under section 5(3) or (7A) of the Criminal Justice Act 1987193 by the magistrates’ court to which notice of transfer was given; or

(b)

is granted bail under paragraph 2(1) or (7) of Schedule 6 to the Criminal Justice Act 1991194 by the magistrates’ court to which notice of transfer was given,

the magistrates’ court officer 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 under section 4(1) of the 1987 Act in respect of a corporation the magistrates’ court officer 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.

[Note. For bail generally, see Part 19.]

Notice where person removed to hospital11.3.

Where a transfer direction has been given by the Secretary of State under section 47 or 48 of the Mental Health Act 1983195 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 magistrates’ court officer 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 bail11.4.

(1)

A person who intends to make an application to a magistrates’ court under section 3(8) of the Bail Act 1976196 as that subsection has effect under section 3(8A) of that Act197 shall give notice thereof in writing to the magistrates’ court officer, 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), a magistrates’ court varies or imposes any conditions of bail, the magistrates’ court officer shall send to the Crown Court officer a copy of the record made in pursuance of section 5 of the 1976 Act relating to such variation or imposition of conditions.

Documents to be sent to the Crown Court11.5.

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 Criminal Justice Act 1987 or section 53(3) of the Criminal Justice Act 1991198, the magistrates’ court officer shall send to the Crown Court officer—

(a)

a list of the names, addresses and occupations of the witnesses;

(b)

a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to the grant of 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 representation order previously made in the case; and

(e)

a copy of any application for a representation order previously made in the case which has been refused.