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The Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997

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Revocation and transitional provisions

12.—(1) Subject to paragraphs (2) and (3) below, the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1988(1) (referred to hereafter in this rule as “the 1988 Rules”), are hereby revoked.

(2) Subject to paragraph (3) below, the 1988 Rules shall continue to apply in relation to an offence where committal for trial, the giving of a notice of transfer or consent to the preferment of a bill of indictment, as referred to in rule 2 of those Rules, occurs prior to the day on which these Rules come into force.

(3) Where, in relation to an offence, consent to the preferment of a bill of indictment as referred to in rule 2(c) of the 1988 Rules is given prior to the day on which these Rules come into force and a bill of indictment is preferred pursuant to that consent on or after that day, then the 1988 Rules shall not apply in relation to that offence with effect from the day of such preferment save that the time limit for making application for a preparatory hearing, in place of that referred to in rule 4(1) of these Rules, shall be that referred to in rule 4(1) of the 1988 Rules.

(4) Where, in relation to an offence, section 5(7) of the Criminal Procedure and Investigations Act 1996 does not apply, by virtue of the criminal investigation into the offence having begun before the day appointed for the purposes of Part I of that Act, there shall be substituted for the words “section 5(7) of the Criminal Procedure and Investigations Act 1996” in rule 8(2)(a), the words “section 11 of the Criminal Justice Act 1967(2)”.

(2)

1967 c. 80; section 11 was amended by the Magistrates’ Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 64; section 11 was further amended by the Criminal Justice Act 1987 (c. 38), Schedule 2, paragraph 2, and by the Criminal Justice and Public Order Act 1994 (c. 33), Schedule 9, paragraphs 6(2) and (7); by the Criminal Procedure and Investigations Act 1996 (c. 25), section 74, section 11 shall cease to have effect in relation to alleged offences into which no criminal investigation, within the meaning of section 1(4) of that Act of 1996, has begun before the day appointed under section 1(5) of that Act of 1996.

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