Sch.
(2) If the conditions specified in sub-paragraph (3) below are satisfied, a court may exercise the powers conferred by sub-paragraph (1) above in relation to a person charged without his being brought before it in any case in which by virtue of subsection (3A) of section 128 of the 1980 c. 43.Magistrates’ Court Act 1980 it would have the power further to remand him on an adjournment such as is mentioned in that subsection.
(3) The conditions mentioned in sub-paragraph (2) above are—
- (a) that the person in question has given his written consent to the powers conferred by sub-paragraph (1) 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.
(4) Where a notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates’ court 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.
(5) Where that requirement ceases by virtue of sub-paragraph (4) above, it shall be the duty of the person in question 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.
(6) If, in a case where the notice states that the requirement mentioned in subparagraph (4) above is to continue, a person to whom the notice relates appears before the magistrates’ court, the court shall have—
- (a) the powers and duties conferred on a magistrates’ court by subparagraph (1) above but subject as there provided; and
- (b) power to enlarge, in the surety’s absence, a recognisance conditioned in accordance with section 128(4)(a) of the Magistrates’ Courts Act 1980 so that the surety is bound to secure that the person charged appears also before the Crown Court.
Witnesses
4. 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 indicated in the notice of transfer as a proposed witness shall be treated as a person who has been examined by the court.
Regulations
5.—(1) The Attorney General—
- (a) shall by regulations make provision requiring a copy of the notice of transfer, together with a statement of the evidence on which any charge to which it relates is based, to be given—
- (i) to any person to whom the notice of transfer relates; and
- (ii) to the Crown Court sitting at the place specified by the notice of transfer as 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 prosecuting authority in relation to such notices, as appears to him to be appropriate.
