Page:War Crimes Act 1991.pdf/7

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(2) The power to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. Applications for dismissal 6.—(1) Where a notice of transfer has been given, any person to whom the notice relates may, at any time before he is arraigned (and whether or not an indictment has been preferred against him), apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed; and the judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.

(2) No oral application may be made under sub-paragraph (1) above unless the applicant has given the Crown Court mentioned in that sub-paragraph written notice of his intention to make the application.

(3) Oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.

(4) If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the judge may disregard any document indicating the evidence that he might have given.

(5) Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the preferment of a voluntary bill of indictment.

(6) Crown Court Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—
 * (a) as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);
 * (b) as to the contents and form of notices or other documents;
 * (c) as to the manner in which evidence is to be submitted; and
 * (d) as to persons to be served with notices or other material.

Notice of transfer 7.—(1) Where a person has been charged in Northern Ireland with an offence to which section of this Act applies and in the opinion of the Attorney General or Director of Public Prosecutions for Northern Ireland (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 Director of Public Prosecutions for Northern Ireland (or by such an officer acting as aforesaid) on the magistrates’ court in whose jurisdiction the offence has been charged.