Explanatory note

This Order brings into force on 1^st January 2006 sections 43, 45, 48 and 50 of the Criminal Justice Act 2003 (“the 2003 Act”) that provide for applications by the prosecution for certain fraud cases to be conducted without a jury, subject to the transitory provisions contained in article 3.

Section 43 of the 2003 Act is to apply where a notice has been given under section 51B of the Crime and Disorder Act 1998 (“the 1998 Act”). Section 51B is an amendment to the 1998 Act made by Schedule 3 to the 2003 Act, but is not yet in force. Article 3 of this Order modifies section 43(1)(b) to provide that prior to the commencement of section 51B section 43 shall apply in three comparable circumstances. The first is where on or after 1^st January 2006 the defendant has been sent for trial under section 51 of the 1998 Act and the evidence against him reveals a case of serious or complex fraud. The second and third are where on or after 1^st January 2006 a notice of transfer has been given under section 4 of the Criminal Justice Act 1987 or article 3 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988, both of which involve a determination by the relevant prosecuting authority that the case is one of fraud of such seriousness or complexity that it is appropriate for its management to be taken over by the Crown Court.