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The Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988

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Explanatory Note

(This note is not part of the Rules)

These Rules make provision for the purposes of section 6 of the Criminal Justice Act 1987 (c. 38), which permits a person charged with an offence or offences of fraud whose case has been transferred to the Crown Court under section 4 of that Act to apply to a Crown Court judge for the charge or charges to be dismissed.

By virtue of rule 1(1), the Rules come into force on 31st October 1988.

Rule 2 makes provision for oral applications for dismissal. Rule 3 relates to written applications. Rule 4 makes provision for the prosecution response. Rule 5 provides for the notification of determinations on applications where there is no oral hearing and permits witnesses to be heard by leave of the judge notwithstanding failure to give proper notice. Rule 6 provides for the service of documents, and rule 7 and the Schedule provide for the necessary forms for use in connection with applications.

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