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


This is the original version (as it was originally made).

Notices of transfer—procedure

4.—(1) A notice of transfer shall specify the proposed place of trial and in selecting that place the designated authority shall have regard to the considerations to which section 48(1) of the Judicature (Northern Ireland) Act 1978(1) requires a magistrates' court committing a person for trial to have regard when selecting the place at which he is to be tried.

(2) A notice of transfer shall specify the charge or charges to which it relates and include or be accompanied by such additional matter as regulations under paragraph (7) may require.

(3) If a magistrates' court has remanded a person to whom a notice of transfer relates in custody, it shall have power—

(a)to order that he shall be safely kept in custody until delivered in due course of law; or

(b)to release him on bail that is to say, by directing him to appear before the Crown Court for trial;

and where his release on bail is conditional on his providing one or more surety or sureties and the court fixes the amount in which the surety is to be bound with a view to his entering into his recognizance subsequently, the court shall in the meantime make an order such as is mentioned in sub-paragraph (a).

(4) Where notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates' court on an appointed day, the requirement that he shall so appear shall cease on the giving of the notice, unless the notice states that it is to continue.

(5) Where the requirement that a person, to whom the notice of transfer relates, shall appear before a magistrates' court ceases by virtue of paragraph (4), it shall be his duty to appear before the Crown Court at the place specified by the notice of transfer as the proposed place of trial or at any place substituted for it by a direction under section 48(2) or (3) of the Judicature (Northern Ireland) Act 1978(2).

(6) If the notice states that the requirement to appear is to continue, when a person, to whom the notice of transfer relates, appears before the magistrates' court, the court shall have—

(a)the powers and duty conferred on a magistrates' court by paragraph (3), but subject as there provided; and

(b)power to enlarge, in the surety’s absence, a recognizance conditioned in accordance with Article 47(1)(b) or 48 of the Magistrates' Courts (Northern Ireland) Order 1981(3) so that the surety is bound to secure that the person charged also appears before the Crown Court.

(7) The Attorney General—

(a)shall by regulations make provision requiring the giving of a copy of a notice of transfer, together with a statement of the evidence on which any charge to which it relates is based—

(i)to any person to whom the notice of transfer relates; and

(ii)to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial; and

(b)may by regulations make such further provision in relation to notices of transfer, including provision as to the duties of a designated authority in relation to such notices, as appears to him to be appropriate.

(8) Regulations made under paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946(4) shall apply accordingly.

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