OpenLegislation

Criminal Justice Act 1987 in Scotland

1987 c. 38 · Enacted 15 May 1987 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 14 October 2024.

See the changes not yet applied
ProvisionChangeMade by
Sch. 1 para. 8amendment to earlier affecting provision 2007 c. 27, Sch. 2 para. 15Border Security, Asylum and Immigration Act 2025 Sch. 2 para. 38(6)

Contents

  1. Part I: Fraud
  2. Serious Fraud Office
  3. 2Director’s investigation powers.
  4. 2ADirector's pre-investigation powers ...
  5. 8Commencement of trial and arraignment.
  6. 9AOrders before preparatory hearing.
  7. Reporting restrictions
  8. 11Restrictions on reporting.
  9. 11AOffences in connection with reporting.
  10. 12Charges of and penalty for conspiracy to defraud.
  11. Part II: General and Supplementary
  12. 16Commencement.
  13. 17Extent.
  14. 18Citation.
  15. General
  16. 1Paragraph 1
  17. 2Paragraph 2
  18. 3Paragraph 3
  19. Procedure
  20. 4Paragraph 4
  21. 6Paragraph 6
  22. 7Paragraph 7
  23. 8Paragraph 8
  24. 9Paragraph 9
  25. Schedule 2: Minor and Consequential Amendments
  26. Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36.)
  27. 1Paragraph 1 Repealed
  28. Criminal Justice Act 1967 (c. 80.)
  29. 2Paragraph 2
  30. Criminal Appeal Act 1968 (c. 19.)
  31. 3Paragraph 3
  32. 4Paragraph 4
  33. 5Paragraph 5
  34. Prosecution of Offences (Northern Ireland) Order 1972 (S.I., 1972, No. 538 N.I. 1.)
  35. 6Paragraph 6 Repealed
  37. 7, 8Paragraph 7, 8 Repealed
  38. Bail Act 1976 (c. 63.)
  39. 9Paragraph 9 Repealed
  40. 10Paragraph 10
  41. 11Paragraph 11
  42. 12Paragraph 12
  43. Prosecution of Offences Act 1985 (c. 23.)
  44. 13Paragraph 13
  45. 14Paragraph 14 Repealed
  46. 15Paragraph 15
  47. 16Paragraph 16

2Director’s investigation powers.F22

(1)

The powers of the Director under this section shall be exercisable, but only for the purposes of an investigation under section 1 above, F1or, on a request made by the Attorney General of the Isle of Man, Jersey or Guernsey, under legislation corresponding to that section and having effect in the Island whose F2 an authority entitled to make such a request, in any case in which it appears to him that there is good reason to do so for the purpose of investigating the affairs, or any aspect of the affairs, of any person.

F3(1ZA)

The powers of the Director under this section are also exercisable in any case in which it is necessary to exercise them for the purpose of complying with a direction given under section 5(5)(c) of the Crime and Courts Act 2013 (NCA’s power to direct persons to perform specified tasks).

F4(1A)

The authorities F5mentioned in subsection (1) which are entitled to request the Director to exercise his powers under this section are—

(a)

the Attorney-General of the Isle of Man, Jersey or Guernsey, acting under legislation corresponding to section 1 of this Act and having effect in the Island whose Attorney-General makes the request; and

(F6b)

the Secretary of State acting under section 15(2) of the Crime (International Co-operation) Act 2003, in response to a request received from a person mentioned in section 13(2) of that Act (an “overseas authority”).

(1B)

The Director shall not exercise his powers on a request from the Secretary of State acting in response to a request received from an overseas authority within subsection (1A)(b) above unless it appears to the Director on reasonable grounds that the offence in respect of which he has been requested to obtain evidence involves serious or complex fraud.

(2)

The Director may by notice in writing require the person whose affairs are to be investigated (“the person under investigation”) or any other person whom he has reason to believe has relevant information to F7answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.

(3)

The Director may by notice in writing require the person under investigation or any other person to produce at F8such place as may be specified in the notice and either forthwith or at such time as may be so specified, any specified documents which appear to the Director to relate to any matter relevant to the investigation or any documents of a specified description which appear to him so to relate; and—

(a)

if any such documents are produced, the Director may—

(i)

take copies or extracts from them;

(ii)

require the person producing them to provide an explanation of any of them;

(b)

if any such documents are not produced, the Director may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(4)

Where, on information on oath laid by a member of the Serious Fraud Office, a justice of the peace is satisfied, in relation to any documents, that there are reasonable grounds for believing—

(a)

that—

(i)

a person has failed to comply with an obligation under this section to produce them;

(ii)

it is not practicable to serve a notice under subsection (3) above in relation to them; or

(iii)

the service of such a notice in relation to them might seriously prejudice the investigation; and

(b)

that they are on premises specified in the information,

he may issue such a warrant as is mentioned in subsection (5) below.

C1(5)

The warrant referred to above is a warrant authorising any constable—

(a)

to enter (using such force as is reasonably necessary for the purpose) and search the premises, and

(b)

to take possession of any documents appearing to be documents of the description specified in the information or to take in relation to any documents so appearing any other steps which may appear to be necessary for preserving them and preventing interference with them.

(6)

Unless it is not practicable in the circumstances, a constable executing a warrant issued under subsection (4) above shall be accompanied by an appropriate person.

F9(6A)

Where an appropriate person accompanies a constable, he may exercise the powers conferred by subsection (5) but only in the company, and under the supervision, of the constable.

(7)

In F10this section “appropriate person” means—

(a)

a member of the Serious Fraud Office; or

(b)

some person who is not a member of that Office but whom the Director has authorised to accompany the constable.

(8)

A statement by a person in response to a requirement imposed by virtue of this section may only be used in evidence against him—

(a)

on a prosecution for an offence under subsection (14) below; or

(b)

on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

F11(8AA)

However, the statement may not be used against that person by virtue of paragraph (b) of subsection (8) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.

F12(8A)

Any evidence obtained by the Director for use by an overseas authority shall be F13given to the overseas authority which requested it or given to the Secretary of State for forwarding to that overseas authority).

F14(8B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8C)

Where any evidence obtained by the Director for use by an overseas authority consists of a document the original or a copy shall be F15forwarded, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be forwarded, as may be necessary in order to comply with the request of the overseas authority.

F16(8D)

The references in subsections (8A) to (8C) above to evidence obtained by the Director include references to evidence obtained by him by virtue of the exercise by a constable F17or by an appropriate person, in the course of a search authorised by a warrant issued under subsection (4) above, of powers conferred by section 50 of the Criminal Justice and Police Act 2001.

(9)

A person shall not under this section be required to disclose any information or produce any document which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court, except that a lawyer may be required to furnish the name and address of his client.

(10)

A person shall not under this section be required to disclose information or produce a document in respect of which he owes an obligation of confidence by virtue of carrying on any banking business unless—

(a)

the person to whom the obligation of confidence is owed consents to the disclosure or production; or

(b)

the Director has authorised the making of the requirement or, if it is impracticable for him to act personally, a member of the Serious Fraud Office designated by him for the purposes of this subsection has done so.

F18(10A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(10B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)

Without prejudice to the power of the Director to assign functions to members of the Serious Fraud Office, the Director may authorise any competent investigator (other than a constable) who is not a member of that Office to exercise on his behalf all or any of the powers conferred by this section, but no such authority shall be granted except for the purpose of investigating the affairs, or any aspect of the affairs, of a person specified in the authority.

(12)

No person shall be bound to comply with any requirement imposed by a person exercising powers by virtue of any authority granted under subsection (11) above unless he has, if required to do so, produced evidence of his authority.

(13)

Any person who without reasonable excuse fails to comply with a requirement imposed on him under this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(14)

A person who, in purported compliance with a requirement under this section—

(a)

makes a statement which he knows to be false or misleading in a material particular; or

(b)

recklessly makes a statement which is false or misleading in a material particular,

shall be guilty of an offence.

(15)

A person guilty of an offence under subsection (14) above shall—

(a)

on conviction on indictment, be liable to imprisonment for a term not exceeding two years or to a fine or to both; and

(b)

on summary conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

(16)

Where any person—

(a)

knows or suspects that an investigation by the police or the Serious Fraud Office into serious or complex fraud is being or is likely to be carried out; and

(b)

falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of documents which he knows or suspects are or would be relevant to such an investigation,

he shall be guilty of an offence unless he proves that he had no intention of concealing the facts disclosed by the documents from persons carrying out such an investigation.

(17)

A person guilty of an offence under subsection (16) above shall—

(a)

on conviction on indictment, be liable to imprisonment for a term not exceeding 7 years or to a fine or to both; and

(b)

on summary conviction, be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both.

F20(18)

In this section—

  • “documents” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

  • “evidence”, in relation to subsections (1B), (8A) and (8C) above, includes documents and other articles;

  • F21...

(19)

In the application of this section to Scotland, the reference to a justice of the peace is to be construed as a reference to the sheriff; and in the application of this section to Northern Ireland, subsection (4) above shall have effect as if for the references to information there were substituted references to a complaint.

2ADirector's pre-investigation powers ...F1F4

(1)

The powers of the Director under section 2 are also exercisable for the purpose of enabling him to determine whether to start an investigation under section 1 F2....

(2)

But—

(a)

the power under subsection (2) of section 2 is so exercisable only if it appears to the Director that for the purpose of enabling him to make that determination it is expedient to require any person appearing to him to have relevant information to do as mentioned in that subsection, and

(b)

the power under subsection (3) of that section is so exercisable only if it appears to the Director that for that purpose it is expedient to require any person to do as mentioned in that subsection.

(3)

Accordingly, where the powers of the Director under section 2 are exercisable in accordance with subsections (1) and (2) above—

(a)

the reference in subsection (2) of that section to the person under investigation or any other person whom the Director has reason to believe has relevant information is to be read as a reference to any such person as is mentioned in subsection (2)(a) above,

(b)

the reference in subsection (3) of that section to the person under investigation or any other person is to be read as a reference to any such person as is mentioned in subsection (2)(b) above, and

(c)

any reference in subsection (2), (3) or (4) of that section to the investigation is to be read as a reference to the making of any such determination as is mentioned in subsection (1) above.

(4)

Any reference in section 2(16) to the carrying out of an investigation by the Serious Fraud Office into serious or complex fraud includes a reference to the making of any such determination as is mentioned in subsection (1) above.

F3(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Commencement of trial and arraignment.

(1)

If a judge orders a preparatory hearing, the trial shall begin with that hearing.

(2)

Arraignment shall accordingly take place at the start of the preparatory hearing.

9AOrders before preparatory hearing.F1

(1)

Subsection (2) below applies where—

(a)

a judge orders a preparatory hearing, and

(b)

he decides that any order which could be made under section 9(4) or (5) above at the hearing should be made before the hearing.

(2)

In such a case—

(a)

he may make any such order before the hearing (or at the hearing), and

(b)

subsections (4) to (10) of section 9 above shall apply accordingly.

11Restrictions on reporting.F1

(1)

Except as provided by this section—

(a)

no written report of proceedings falling within subsection (2) below shall be published in F2the United Kingdom;

(b)

no report of proceedings falling within subsection (2) below shall be included in a relevant programme for reception in F3the United Kingdom.

(2)

The following proceedings fall within this subsection—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a preparatory hearing;

(c)

an application for leave to appeal in relation to such a hearing;

(d)

an appeal in relation to such a hearing.

F5(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The judge dealing with a preparatory hearing may order that subsection (1) above shall not apply, or shall not apply to a specified extent, to a report of—

(a)

the preparatory hearing, or

(b)

an application to the judge for leave to appeal to the Court of Appeal under section 9(11) above in relation to the preparatory hearing.

(5)

The Court of Appeal may order that subsection (1) above shall not apply, or shall not apply to a specified extent, to a report of—

(a)

an appeal to the Court of Appeal under section 9(11) above in relation to a preparatory hearing,

(b)

an application to that Court for leave to appeal to it under section 9(11) above in relation to a preparatory hearing, or

(c)

an application to that Court for leave to appeal to the F6Supreme Court under Part II of the M1Criminal Appeal Act 1968 in relation to a preparatory hearing.

(6)

F7The Supreme Court may order that subsection (1) above shall not apply, or shall not apply to a specified extent, to a report of—

(a)

an appeal to F8the Supreme Court under Part II of the Criminal Appeal Act 1968 in relation to a preparatory hearing, or

(b)

an application to the Supreme Court for leave to appeal to it under Part II of the M2Criminal Appeal Act 1968 in relation to a preparatory hearing.

(7)

Where there is only one accused and he objects to the making of an order under subsection F9... (4), (5) or (6) above the judge or the Court of Appeal or the F10Supreme Court shall make the order if (and only if) satisfied after F11considering the representations of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(8)

Where there are two or more accused and one or more of them objects to the making of an order under subsection F12... (4), (5) or (6) above the judge or the Court of Appeal or the Supreme Court shall make the order if (and only if) satisfied after F13considering the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

F14(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)

Subsection (1) above does not apply to—

F16(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the publication of a report of a preparatory hearing,

(c)

the publication of a report of an appeal in relation to a preparatory hearing or of an application for leave to appeal in relation to such a hearing,

F17(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

the inclusion in a relevant programme of a report of a preparatory hearing, or

(f)

the inclusion in a relevant programme of a report of an appeal in relation to a preparatory hearing or of an application for leave to appeal in relation to such a hearing,

at the conclusion of the trial of the accused or of the last of the accused to be tried.

(12)

Subsection (1) above does not apply to a report which contains only one or more of the following matters—

(a)

the identity of the court and the name of the judge;

(b)

the names, ages, home addresses and occupations of the accused and witnesses;

(c)

any relevant business information;

(d)

the offence or offences, or a summary of them, with which the accused is or are charged;

(e)

the names of counsel and solicitors in the proceedings;

(f)

where the proceedings are adjourned, the date and place to which they are adjourned;

(g)

any arrangements as to bail;

(F18h)

whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(13)

The addresses that may be published or included in a relevant programme under subsection (12) above are addresses—

(a)

at any relevant time, and

(b)

at the time of their publication or inclusion in a relevant programme;

and “relevant time” here means a time when events giving rise to the charges to which the proceedings relate occurred.

(14)

The following is relevant business information for the purposes of subsection (12) above—

(a)

any address used by the accused for carrying on a business on his own account;

(b)

the name of any business which he was carrying on on his own account at any relevant time;

(c)

the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;

(d)

the address of any such firm;

(e)

the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

(f)

the address of the registered or principal office of any such company;

(g)

any working address of the accused in his capacity as a person engaged by any such company;

and here “engaged” means engaged under a contract of service or a contract for services, and “relevant time” has the same meaning as in subsection (13) above.

(15)

Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

(16)

In this section—

(a)

“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

(b)

expressions cognate with “publish” shall be construed accordingly;

(c)

“relevant programme” means a programme included in a programme service, within the meaning of the M3Broadcasting Act 1990.

11AOffences in connection with reporting.F1

(1)

If a report is published or included in a relevant programme in contravention of section 11 above each of the following persons is guilty of an offence—

(a)

in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b)

in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

(c)

in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

(2)

A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(3)

Proceedings for an offence under this section shall not be instituted in England and Wales otherwise than by or with the consent of the Attorney General.

(F23A)

Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.

(4)

Subsection (16) of section 11 above applies for the purposes of this section as it applies for the purposes of that.

12Charges of and penalty for conspiracy to defraud.

(1)

If—

(a)

a person agrees with any other person or persons that a course of conduct shall be pursued; and

(b)

that course of conduct will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement if the agreement is carried out in accordance with their intentions,

the fact that it will do so shall not preclude a charge of conspiracy to defraud being brought against any of them in respect of the agreement.

(2)

In section 5(2) of the Criminal Law M1Act 1977, the words from “and” to the end are hereby repealed.

(3)

A person guilty of conspiracy to defraud is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or a fine or both.

16Commencement.P1

(1)

Subject to subsection (3) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.

(2)

An order under subsection (1) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with any provision thereby brought into force.

(3)

The following provisions shall come into force on the day this Act is passed—

  • section 13;

  • this section;

  • sections 17 and 18.

17Extent.

(1)

Subject to the following provisions of this section, this Act extends to England and Wales only.

(2)

The following provisions extend also to Scotland—

  • F1sections 2 and 2A;

  • section 11;

  • F2section 11A;

  • section 16;

  • this section; and

  • section 18.

(3)

The following provisions extend also to Northern Ireland—

  • section 1 (including Schedule 1) and sections 2 F3, 2A and 3;

  • F4sections 11 and 11A;

  • section 16;

  • this section; and

  • section 18.

(4)

Section 13 above extends to Northern Ireland only.

(5)

The extent of any amendment of an enactment in Schedule 2 to this Act is the same as that of the enactment amended.

(6)

Her Majesty may by Order in Council direct that section 2 above shall extend, subject to such modifications as may be specified in the Order, to any of the Channel Islands.

(7)

In subsection (6) above “modifications” includes additions, omissions and amendments.

18Citation.

This Act may be cited as the Criminal Justice Act 1987.

1

There shall be paid to the Director of the Serious Fraud Office such remuneration as the Attorney General may, with the approval of the Treasury, determine.

2

The Director shall appoint such staff for the Serious Fraud Office as, with the approval of the Treasury as to numbers, remuneration and other terms and conditions of service, he considers necessary for the discharge of his functions.

3

(1)

As soon as practicable after 4th April in any year the Director shall make to the Attorney General a report on the discharge of his functions during the year ending with that date.

(2)

The Attorney General shall lay before Parliament a copy of every report received by him under sub-paragraph (1) above and shall cause every such report to be published.

4

(1)

Where any enactment (whenever passed) prohibits the taking of any step—

(a)

except by the Director of Public Prosecutions or except by him or another; or

(b)

without the consent of the Director of Public Prosecutions or without his consent or the consent of another,

it shall not prohibit the taking of any such step by the Director of the Serious Fraud Office.

(2)

In this paragraph references to the Director of Public Prosecutions include references to the Director of Public Prosecutions for Northern Ireland.

6

(1)

Where the Director or any member of the Serious Fraud Office designated for the purposes of section 1 F1(5)above (“designated official”) gives notice to any justice of the peace that he has instituted, or is conducting, any criminal proceedings in England and Wales, the justice shall—

(a)

at the prescribed time and in the prescribed manner; or

(b)

in a particular case, at the time and in the manner directed by the Attorney General;

send him every recognizance, information, certificate, deposition, document and thing connected with those proceedings which the justice is required by law to deliver to the appropriate officer of the Crown Court.

(2)

Where the Director or any designated official gives notice that he has instituted, or is conducting, any criminal proceedings in Northern Ireland—

(a)

to a resident magistrate or a justice of the peace in Northern Ireland;

(b)

to a clerk of petty sessions in Northern Ireland,the person to whom the notice is given shall—

(i)

at the prescribed time and in the prescribed manner; or

(ii)

in a particular case, at the time and in the manner directed by the Attorney General,

send him every recognizance, complaint, certificate, deposition, document and thing connected with those proceedings which that person is required by law to deliver to the appropriate officer of the Crown Court.

(3)

The Attorney General may make regulations for the purpose of supplementing this paragraph; and in this paragraph “prescribed” means prescribed by the regulations.

(4)

The Director or, as the case may be, designated official shall—

(a)

subject to the regulations, cause anything which is sent to him under this paragraph to be delivered to the appropriate officer of the Crown Court; and

(b)

be under the same obligation (on the same payment) to deliver to an applicant copies of anything so sent as that officer.

7

(1)

The Attorney General may make regulations requiring the chief officer of any police force to which the regulations are expressed to apply to give to the Director information with respect to every offence of a kind prescribed by the regulations which is alleged to have been committed in his area and in respect of which it appears to him that there is a prima facie case for proceedings.

(2)

The regulations may also require every such chief officer to give to the Director such information as the Director may require with respect to such cases or classes of case as he may from time to time specify.

8C1

(1)

The Attorney General may, with the approval of the Treasury, by regulations make such provision as he considers appropriate in relation to—

(a)

the fees of counsel briefed to appear on behalf of the Serious Fraud Office in any criminal proceedings; and

(b)

the costs and expenses of witnesses attending to give evidence at the instance of the Serious Fraud Office and, subject to sub-paragraph (2) below, F1ofany other person who in the opinion of that Office necessarily attends for the purpose of the case otherwise than to give evidence.

(2)

The power conferred on the Attorney General by sub-paragraph (1)(b) above only relates to the costs and expenses of an interpreter if he is required because of the lack of English of a person attending to give evidence at the instance of the Serious Fraud Office.

(3)

The regulations may, in particular—

(a)

prescribe scales or rates of fees, costs or expenses; and

(b)

specify conditions for the payment of fees, costs or expenses.

(4)

Regulations made under sub-paragraph (1)(b) above may provide that scales or rates of costs and expenses shall be determined by the Attorney General with the consent of the Treasury.

F2(5)

In sub-paragraph (1)(b) above “attends” means attends at the court or elsewhere.

9

(1)

Any power to make regulations under this Schedule shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(2)

Any such regulations may make different provision with respect to different cases or classes of case.

1F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2F1

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”.

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”.

6F1

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7, 8

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9F1

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10

In section 76 of the F1Senior Courts Act 1981 (alteration by Crown Court of place of trial)—

(a)

in 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 a 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”.

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”.

14F1

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15

The following subsection shall be inserted after section 16(4) of that Act—

“(4A)

The court may also make a defendant’s costs order in favour of the accused on an appeal under section 9(11) of the Criminal Justice Act 1987 (appeals against orders or rulings at preparatory hearings).”.

16

At the end of subsection (2)(b) of section 18 of that Act (award of costs against accused) there shall be added

“or

(c)

an appeal or application for leave to appeal under section 9(11) of the Criminal Justice Act 1987;”.