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Criminal Procedure and Investigations Act 1996
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- 1996 c. 25
- SCHEDULE 4
- Part V of this Act
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(v) commences (2005 c. 4)
- S.I. 2007/709 art. 3(d) commences (2006 c. 48)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/2712 art. 2 Sch. commences (2008 c. 4)
- S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/1183 art. 2 3 commences (2003 c. 44)
- S.I. 2012/1320 art. 2-4 commences (2003 c. 44)
- S.R. 2010/113 art. 2 commences (2002 c. 26)
Part V of this ActE+W+S+N.I.
18In section 45 for subsections (1) to (8) substitute—E+W+S+N.I.
“(1)Article 4 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988 (notices of transfer in cases of serious or complex fraud) shall be amended as mentioned in subsections (2) and (3).
(2)In paragraph (7)(a) (regulations) for the words “a statement of the evidence” there shall be substituted “copies of the documents containing the evidence (including oral evidence)”.
(3)The following paragraph shall be inserted after paragraph (7)—
“(7A)Regulations under paragraph (7)(a) may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied.”
(4)In Schedule 1 to the Children’s Evidence (Northern Ireland) Order 1995 (notices of transfer in certain cases involving children) paragraph 3 (regulations) shall be amended as mentioned in subsections (5) and (6).
(5)In sub-paragraph (1)(a) for the words “a statement of the evidence” there shall be substituted “copies of the documents containing the evidence (including oral evidence)”.
(6)The following sub-paragraph shall be inserted after sub-paragraph (1)—
“(1A)Regulations under sub-paragraph (1)(a) may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied.”
(7)In paragraph 5 of Schedule 1 to the 1995 Order (reporting restrictions) in sub-paragraph (8) for the words “sub-paragraphs (5) and (6)” there shall be substituted “sub-paragraphs (5) and (7)”.
(8)This section applies where a notice of transfer is given under Article 3 of the 1988 Order or Article 4 of the 1995 Order (as the case may be) on or after the appointed day”.
19In section 46 for subsections (1) and (2) substitute—E+W+S+N.I.
“(1)Part II of the Schedule to the War Crimes Act 1991 and section 1(4) of that Act so far as relating thereto (transfer procedure in Northern Ireland in cases of war crimes) shall cease to have effect.
(2)In Article 29(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (free legal aid in Crown Court) sub-paragraph (d) (which relates to a notice of transfer under Part II of the Schedule to the War Crimes Act 1991) shall cease to have effect.”
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