SCHEDULE 2
Minor and Consequential Amendments
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36.)
1—(1) The following paragraph shall be inserted after paragraph (a) of subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders)—
- “(aa) the offence is specified in a notice of transfer under section 4 of the Criminal Justice Act 1987 (serious and complex fraud); or”.
(2) The following paragraph shall be inserted after paragraph (i) of the proviso to that subsection—
- “(iA) in a case to which paragraph (aa) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice of transfer, any counts founded on evidence set out in the statement of evidence that was included in or accompanied that notice, in pursuance of regulations under section 5(9) of the Criminal Justice Act 1987, being counts which may lawfully be joined in the same indictment;”.
Criminal Justice Act 1967 (c. 80.)
2. At the end of section 11(8) of the Criminal Justice Act 1967 (by virtue of which the period for giving notice of an alibi is 7 days from the end of the proceedings before the examining justices) there shall be added the words “or, where a notice of transfer has been given under section 4 of the Criminal Justice Act 1987, of the giving of that notice”.
Criminal Appeal Act 1968 (c. 19.)
3. At the end of subsection (1) of section 33 of the Criminal Appeal Act 1968 (right of appeal to House of Lords) there shall be added the words “or section 9 (preparatory hearings) of the Criminal Justice Act 1987”.
4. In section 36 of that Act (bail on appeal by defendant) after the word “Lords,” there shall be inserted the words “other than a person appealing or applying for leave to appeal from a decision on an appeal under section 9(11) of the Criminal Justice Act 1987 (appeals against orders or rulings at preparatory hearings),”.
5. In section 38 of that Act (presence of defendant at hearing) after the word “who” there shall be inserted the words “has been convicted of an offence and”.
Prosecution of Offences (Northern Ireland) Order 1972 (S.I., 1972, No. 538 N.I. 1.)
6. In Article 5(3) of the Prosecution of Offences (Northern Ireland) Order 1972 (which makes provision, amongst other things, for the functions of the Director of Public Prosecutions in Northern Ireland in relation to the conduct of criminal proceedings) after the word “Director” there shall be inserted the words “, subject to any provision contained in the Criminal Justice Act 1987”.
Legal Aid Act 1974 (c. 4.)
7. The following subsection shall be inserted after section 28(7) of the Legal Aid Act 1974—
- “(7A) Where a notice of transfer is given under section 4 of the Criminal Justice Act 1987, the magistrates' court in whose jurisdiction the offence was charged or the Crown Court may order that the person charged shall be given legal aid for the purpose of the trial.”.
