# The Magistrates' Courts (Notices of Transfer) Rules 1988, Note: Explanatory note


(This note is not part of the Rules)
These Rules make provision for the procedure to be followed in magistrates' courts where a notice of transfer is given under section 4 of the Criminal Justice Act 1987, which comes into force on 31st October 1988 (S.I. 1988/397). Under section 4 of that Act, a prosecutor may give to a magistrates' court a notice of transfer in respect of a case proceeding in that court if the offence charged is an indictable offence and reveals a case of serious and complex fraud. The effect of a notice of transfer is to avoid committal proceedings in such cases, but the magistrates' court to which a notice of transfer is given under section 4 retains certain functions, set out in section 5, in respect of the grant or withholding of bail, legal aid and the making of witness orders pending the Crown Court trial.
Rule 3 of these Rules makes provision for notice to be given to the governor of the appropriate prison or remand centre where a person in respect of whom a notice of transfer has been given is granted bail.
Rule 4 makes provision for notice to be given to the governor of the appropriate prison and to the managers of the relevant hospital where notice of transfer is given in respect of a person subject to a transfer direction under section 47 or 48 of the Mental Health Act 1983.
Rule 5 provides for notice to be given of an application to a magistrates' court for variation of bail arrangements and for a record of any variation in bail conditions made by a magistrates' court after notice of transfer has been given to be sent to the Crown Court.
Rule 6 requires the magistrates' court to fix a date for the making of witness orders in a case where, by virtue of section 5(6) of the Criminal Justice Act 1987, the person charged is no longer required to appear before the court, and to notify the prosecutor and the person charged of the date so fixed.
Rule 7 provides for certain documents to be sent to the Crown Court by the magistrates' court to which a notice of transfer has been given, for the purposes of the Crown Court proceedings.
Rule 8 and the Schedule to the Rules provide Forms which may be used in proceedings in a magistrates' court to which a notice of transfer has been given.

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Source: https://www.legislation.gov.uk/uksi/1988/1701/note (the official version)
Page: https://openlegislation.uk/magistrates-courts-notices-of-transfer-rules-1988/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.