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The Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988

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This is the original version (as it was originally made).

Notices of transfer and designated authorities

3.—(1) If—

(a)a person has been charged with an indictable offence; and

(b)in the opinion of an authority designated by paragraph (2) or of one of such an authority’s officers acting on the authority’s behalf the evidence of the offence charged—

(i)would be sufficient for the person charged to be committed for trial; and

(ii)reveals a case of fraud of such seriousness and complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court; and

(c)before the magistrates' court in whose jurisdiction the offence has been committed—

(i)has commenced hearing the evidence for the prosecution (other than a deposition relating to the arrest or to the remand of the accused), where the court is conducting a preliminary investigation, or

(ii)has begun to conduct a preliminary inquiry,

the authority or one of the authority’s officers acting on the authority’s behalf gives the court a notice (in this Order referred to as a “notice of transfer”) certifying that opinion,

the functions of the magistrates' court shall cease in relation to the case, except as provided by Article 4(3) and (6) of this Order and by Article 29(2)(c) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(1).

(2) The authorities mentioned in paragraph (1) (in this Order referred to as “designated authorities”) are—

(a)the Director of Public Prosecutions for Northern Ireland;

(b)the Director of the Serious Fraud Office;

(c)the Commissioners of Inland Revenue;

(d)the Commissioners of Customs and Excise; and

(e)the Secretary of State.

(3) A designated authority’s decision to give notice of transfer shall not be subject to appeal or liable to be questioned in any court.

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