The Indictments (Procedure) (Amendment) Rules 1988

Statutory Instruments

1988 No. 1738 (L.24)

CRIMINAL LAW, ENGLAND AND WALES

The Indictments (Procedure) (Amendment) Rules 1988

Made

10th October 1988

Coming into force

31st October 1988

The Lord Chancellor, in exercise of the powers conferred upon him by Section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 1933(1), hereby makes the following rules:-

1.  These Rules may be cited as the Indictments (Procedure) (Amendment) Rules 1988 and shall come into force on 31 October 1988.

2.  Rule 5 of the Indictments (Procedure) Rules 1971(2) shall be amended by substituting for paragraph (1) the following new paragraph —

“(1) Subject to the provisions of this rule, a bill of indictment shall be preferred —

(a) where a defendant has been committed for trial, within a period of 28 days commencing with the date of committal, or

(b) where a notice of transfer has been given under Section 4 of the Criminal Justice Act 1987(3), within a period of 28 days commencing with the date on which notice is given.”

Mackay of Clashfern, C.

Dated 10th October 1988

Explanatory Note

(This note is not part of the Rules)

These Rules provide that the period of 28 days in which a bill of indictment is to be prepared is to begin on the date when the defendant is committed for trial or when a notice of transfer is given under section 4 of the Criminal Justice Act 1987, whichever is appropriate.

(1)

1933 c. 36.

(2)

S.I. 1971/2084, as amended by S.I. 1983/284.

(3)

1987 c. 38.