Page:War Crimes Act 1991.pdf/5

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Notice of transfer 1.—(1) Where a person has been charged in England or Wales with an offence to which section 1 of this Act applies and in the opinion of the Attorney General or the Director of Public Prosecutions (or of an officer of either of them acting on his behalf) the evidence of the offence charged—
 * (a) would be sufficient for that person to be committed for trial; but
 * (b) reveals a case of such complexity that it is appropriate that the case should without delay be taken over by the Crown Court,

a notice certifying that opinion may be served by the Attorney General or the Director of Public Prosecutions (or by such an officer acting as aforesaid) on the magistrates’ court in whose jurisdiction the offence has been charged.

(2) Any such notice shall be served before the magistrates' court begins to inquire into the case as examining justices.

(3) On the service of such a notice the functions of the magistrates’ court shall cease in relation to the case except as provided by paragraphs 3 and 4 below or by section 20(4) of the Legal Aid Act 1988.

(4) The decision to serve such a notice shall not be subject to appeal or liable to be questioned in any court.

(5) In this Part of this Schedule “prosecuting authority” means the Attorney General or the Director of Public Prosecutions and "notice of transfer" means a notice under this paragraph. Contents of notice 2.—(1) A notice of transfer shall specify the proposed place of trial; and in selecting that place the prosecuting authority shall have regard to the considerations to which section 7 of the Magistrates’ Courts Act 1980 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 material as regulations under paragraph 5 below may require. Remand 3.—(1) If a magistrates’ court has remanded a person to whom a notice of transfer relates in custody, it shall have power, subject to section 4 of the Bail Act 1976 and regulations under section 22 of the Prosecution of Offences Act 1985—
 * (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 in accordance with the Bail Act 1976, 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 sureties and, in accordance with section 8(3) of the Bail Act 1976, the court fixes the amount in which the surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section, the court shall in the meantime make an order such as is mentioned in paragraph (a) of this sub-paragraph.