Part I
- (c) before the magistrates’ court in whose jurisdiction the offence has been charged begins to inquire into the case as examining justices the authority or one of the authority’s officers acting on the authority’s behalf gives the court a notice (in this Act referred to as a “notice of transfer”) certifying that opinion,
the functions of the magistrates’ court shall cease in relation to the case, except as provided by section 5(3) and (8) below and by section 28(7A) of the 1974 c. 4.Legal Aid Act 1974.
(2) The authorities mentioned in subsection (1) above (in this Act referred to as “designated authorities”) are—
- (a) the Director of Public Prosecutions;
- (b) the Director of the Serious Fraud Office;
- (c) the Commissioners of Inland Revenue;
- (d) the Commissioners of Customs and Excise; and
- (e) the Secretary of State.
(3) A designated authority’s decision to give notice of transfer shall not be subject to appeal or liable to be questioned in any court.
Notices of transfer—procedure.
1980 c. 43.
5.—(1) A notice of transfer shall specify the proposed place of trial and in selecting that place the designated 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 matter as regulations under subsection (9) below may require.
(3) 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 1976 c. 63.
1985 c. 23.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 surety or 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 recognizance 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 subsection.
