Part I
(4) If the conditions specified in subsection (5) below are satisfied, a court may exercise the powers conferred by subsection (3) above without the person charged being brought before it in any case in which by virtue of section 128(3A) of the 1980 c. 43.Magistrates’ Courts Act 1980 it would have power further to remand him on an adjournment such as is mentioned in that subsection.
(5) The conditions mentioned in subsection (4) above are—
- (a) that the person charged has given his written consent to the powers conferred by subsection (3) above being exercised without his being brought before the court; and
- (b) that the court is satisfied that, when he gave his consent, he knew that the notice of transfer had been issued.
(6) Where notice of transfer is given after the person charged has been remanded on bail to appear before examining justices on an appointed day, the requirement that he shall so appear shall cease on the giving of the notice, unless the notice states that it is to continue.
(7) Where the requirement that a person charged shall appear before examining justices ceases by virtue of subsection (6) above, it shall be his duty to appear before the Crown Court at the place specified by the notice of transfer as the proposed place of trial or at any place substituted for it by a direction under section 76 of the 1981 c. 54.Supreme Court Act 1981.
(8) For the purposes of the 1965 c. 69.Criminal Procedure (Attendance of Witnesses) Act 1965—
- (a) any magistrates’ court for the petty sessions area for which the court from which a case was transferred sits shall be treated as examining magistrates; and
- (b) a person whose written statement is tendered in evidence for the purposes of the notice of transfer shall be treated as a person who has been examined by the court.
(9) The Attorney General—
- (a) shall by regulations make provision requiring the giving of a copy of a notice of transfer, together with a statement of the evidence on which any charge to which it relates is based—
- (i) to the person charged; and
- (ii) to the Crown Court sitting at the proposed place of trial; and
- (b) may by regulations make such further provision in relation to notices of transfer, including provision as to the duties of a designated authority in relation to such notices, as appears to him to be appropriate.
(10) The power to make regulations conferred by subsection (9) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(11) Any such regulations may make different provision with respect to different cases or classes of case.
Dismissal of transferred charge. 6.—(1) Where notice of transfer has been given, the person charged may at any time before he is arraigned apply orally or in writing to the Crown Court for the charge to be dismissed on the ground that the evidence which has been disclosed would not be sufficient for a jury properly to convict him of it.
