Sch. 2
8. The following subsection shall be inserted after section 28(8) of that Act—
- “(8A) The Crown Court or the criminal division of the Court of Appeal may order that a person shall be given legal aid for the purpose—
- (a) of an application for leave to appeal under section 9(11) of the Criminal Justice Act 1987 (appeals against orders or rulings at preparatory hearings); or
- (b) of an appeal under that subsection.”.
Bail Act 1976 (c. 63.)
9. The following subsection shall be inserted after section 3(8) of the Bail Act 1976—
- “(8A) Where a notice of transfer is given under section 4 of the Criminal Justice Act 1987, subsection (8) above shall have effect in relation to a person in relation to whose case the notice is given as if he had been committed on bail to the Crown Court for trial.”.
Supreme Court Act 1981 (c. 54.)
10. In section 76 of the Supreme Court Act 1981 (alteration by Crown Court of place of trial)—
- (a) subsection (1), after the word “or”, in the second place where it occurs, there shall be inserted the words “by substituting some other place for the place specified in a notice under section 4 of the Criminal Justice Act 1987 (notices of transfer from magistrates’ court to Crown Court) or by varying”;
- (b) after subsection (2), there shall be inserted the following subsection—
- “(2A) Where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987, directions altering the place of trial may be given under subsection (1) at any time before the jury are sworn”; and
- (c) in subsection (3), for the word “or”, in the second place where it occurs, there shall be substituted the words “as specified in notice under section 4 of the Criminal Justice Act 1987 or as fixed”.
11. In section 77(1) of that Act (by virtue of which Crown Court Rules are required to prescribe the minimum and maximum period which may elapse between a person’s committal for trial and the beginning of the trial) after the word “trial”, in the first place where it occurs, there shall be inserted the words “or the giving of a notice of transfer under section 4 of the Criminal Justice Act 1987”.
12. In section 81(1)(a) of that Act (power of Crown Court to grant bail to any person committed in custody for appearance before the Crown Court) after the word “Court” there shall be inserted the words “or in relation to whose case a notice of transfer has been given under section 4 of the Criminal Justice Act 1987”.
Prosecution of Offences Act 1985 (c. 23.)
13. In section 3(2) of the Prosecution of Offences Act 1985 (which makes provision, amongst other things, for the duties of the Director of Public Prosecutions in relation to the conduct of criminal proceedings) after the word “Director” there shall be inserted the words “, subject to any provisions contained in the Criminal Justice Act 1987”.
14. The following paragraph shall be inserted after paragraph (a) of section 16(2) of that Act (defendant's costs order)—
- “(aa) a notice of transfer is given under section 4 of the Criminal Justice Act 1987 but a person in relation to whose case it is given is not tried on a charge to which it relates; or”.
