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Criminal Justice
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the notice, unless the notice states that it is to continue.
(7) Where the requirement that a person charged shall appear before examining justices ceases by virtue of subsection (6) above, it shall be his duty 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 Supreme Court Act 1981.
(8) The Attorney General may by regulations make provision in relation to notices of transfer.
(9) Without prejudice to the generality of subsection (8) above, the 10 power to make regulations conferred by that subsection includes power to make provision as to the duties of a designated authority in relation to notices of transfer.
(10) The power to make regulations conferred by subsection (8) above shall be exercisable by statutory instrument subject to annulment in 15 pursuance of a resolution of either House of Parliament.
(11) Any such regulation may make different provision with respect to different cases or classes of case.
6.-(1) Where notice of transfer has been given, the person charged may at any time before he is arraigned apply orally or in writing to the 20 Crown Court for the charge to be dismissed on the ground that the evidence which has been disclosed would not be sufficient for a jury properly to convict him of it.
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(2) Oral evidence may be given on the hearing of such an application only with leave of the judge.
(3) The judge shall grant such leave only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.
(4) In deciding whether to grant an application under this section the judge shall have regard—
(a) to the evidence tendered by the prosecution;
(b) to any written statement tendered by the defence in support of
the application; and
(c) to any oral evidence on behalf of the prosecution or the defence
given in pursuance of leave granted under section 6(2) above;
(5) A discharge under this section shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may thereafter be brought on the charge except by means of the preferment of a voluntary bill of indictment.
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7.-(1) Where-
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Preparatory hearings
(a) a person has been charged with an indictable offence; and (b) it appears to a judge of the Crown Court that the evidence of the offence charged reveals a case of fraud of such seriousness and complexity that substantial benefits are likely to accrue from a hearing (in this Act referred to as a “preparatory hearing") before the jury are sworn, for the purpose of-
(i) identifying issues which are likely to be material to the verdict of the jury;
(ii) assisting their comprehension of any such issues; (iii) expediting the proceedings before the jury; or
PART I
Dismissal of transferred charge.
Power to order.
preparatory
hearing.
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