War Crimes Act 1991
| Jurisdiction | UK Non-devolved |
| Citation | 1991 c. 13 |
| Year | 1991 |
was committed during the period beginning with 1st September 1939 and ending with 5th June 1945 in a place which at the time was part of Germany or under German occupation; andconstituted a violation of the laws and customs of war.(2) No proceedings shall by virtue of this section be brought against any person unless he was on 8th March 1990, or has subsequently become, a British citizen or resident in the United Kingdom, the Isle of Man or any of the Channel Islands.(3) No proceedings shall by virtue of this section be brought in England and Wales or in Northern Ireland except by or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland.(4) The Schedule to this Act provides a procedure for use instead of committal proceedings where a person is charged in F2England, Wales or Northern Ireland with an offence to which this section applies.(a) such sums as the Secretary of State may with the consent of the Treasury determine in respect of expenditure by the F19Mayor's Office for Policing and Crime on the investigation by officers of the Metropolitan Police (with or without other officers) of offences to which section 1 above applies; and(b) any increase attributable to this Act in the sums payable out of such money under any other Act.(1) This Act may be cited as the War Crimes Act 1991.(2) In section 20(4) of the Legal Aid Act 1988 (power of magistrates’ court to grant legal aid for Crown Court proceedings) the word “or” at the end of paragraph (b) shall be omitted and after that paragraph there shall be inserted— Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (free legal aid in Crown Court) after sub-paragraph (c) there shall be inserted Legal Aid Act 1988. The decision to serve such a notice shall not be subject to appeal or liable to be questioned in any court.In this Part of this Schedule “prosecuting authority” means the Attorney General or the Director of Public Prosecutions and “notice of transfer” means a notice under this paragraph.A notice of transfer shall specify the proposed place of trial; and in selecting that place the prosecuting authority shall have regard to the considerations to which section 7 of the Magistrates’ Courts Act 1980 requires a magistrates’ court committing a person for trial to have regard when selecting the place at which he is to be tried. A notice of transfer shall specify the charge or charges to which it relates and include or be accompanied by such additional material as regulations under paragraph 5 below may require.to order that he shall be safely kept in custody until delivered in due course of law; orto release him on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial; If the conditions specified in sub-paragraph (3) below are satisfied, a court may exercise the powers conferred by sub-paragraph (1) above in relation to a person charged without his being brought before it in any case in which by virtue of subsection (3A) of section 128 of the Magistrates’ Court Act 1980 it would have the power further to remand him on an adjournment such as is mentioned in that subsection. that the person in question has given his written consent to the powers conferred by sub-paragraph (1) above being exercised without his being brought before the court; andthat the court is satisfied that, when he gave his consent, he knew that the notice of transfer had been issued.Where a notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates’ court on an appointed
- (bb) which has been given a notice of transfer under Part I of the Schedule to the War Crimes Act 1991, or
-
or
- (d) where a notice of transfer is given under Part II of the Schedule to the War Crimes Act 1991, by the magistrates’ court before which the person to whom the notice relates is brought.
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