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The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 2) Order 2012

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EXPLANATORY NOTE

(This note is not part of the Order)

This instrument corrects an error in the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2012.

That Order amends the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (S.I. 1999/904) in order to extend the circumstances in which proceedings for particular offences are exempt from the general duty of the Director of Public Prosecutions under section 3(2)(a) of the Prosecution of Offences Act 1985 to take over the conduct of criminal proceedings instituted on behalf of a police force. One of the amendments was intended to achieve the effect that proceedings no longer cease to be specified where a magistrates’ court proceeds in the absence of the accused. Due to a drafting error, this provision was only applied to proceedings against a defendant under the age of 18. Proceedings thus still cease to be specified if a court proceeds in the absence of an adult defendant. That was not the intention.

This Order accordingly corrects the error by substituting a reference to section 11(1) of the Magistrates’ Courts Act 1980 for the reference to section 11(1)(a) which was inserted in the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 by the previous amending Order.

A full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.

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