3Subject to the following provisions of this Schedule, criminal proceedings are active from the relevant initial step specified in paragraph 4 until concluded as described in paragraph 5.
4The initial steps of criminal proceedings are:—
(a)arrest without warrant;
(b)the issue, or in Scotland the grant, of a warrant for arrest;
(c)the issue of a summons to appear, or in Scotland the grant of a warrant to cite;
(d)the service of an indictment or other document specifying the charge;
(e)except in Scotland, oral charge.
Yn ddilys o 04/07/1996
[F14AU.K.Where as a result of an order under section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) proceedings are brought against a person for an offence of which he has previously been acquitted, the initial step of the proceedings is a certification under subsection (2) of that section; and paragraph 4 has effect subject to this.]
Textual Amendments
F1Sch. 1 para. 4A inserted (E.W.,N.I.) (4.7.1996 with effect as mentioned in s. 54(4)(7)(8) of the amending Act) by 1996 c. 25, ss. 54(4)(7)(8), 57(4) (with s. 78(1)); S.I. 1997/1019, art. 2; S.I. 1997/1504, art. 2
5Criminal proceedings are concluded—
(a)by acquittal or, as the case may be, by sentence;
(b)by any other verdict, finding, order or decision which puts an end to the proceedings;
(c)by discontinuance or by operation of law.
6The reference in paragraph 5(a) to sentence includes any order or decision consequent on conviction or finding of guilt which disposes of the case, either absolutely or subject to future events, and a deferment of sentence under section 1 of the M1Powers of Criminal Courts Act 1973, section 219 or 432 of the M2Criminal Procedure (Scotland) Act 1975 or Article 14 of the M3Treatment of Offenders (Northern Ireland) Order 1976.
7Proceedings are discontinued within the meaning of paragraph 5(c)—
(a)in England and Wales or Northern Ireland, if the charge or summons is withdrawn or a nolle prosequi entered;
[F2(aa)in England and Wales, if they are discontinued by virtue of section 23 of the Prosecution of Offences Act 1985;]
(b)in Scotland, if the proceedings are expressly abandoned by the prosecutor or are deserted simpliciter;
(c)in the case of proceedings in England and Wales or Northern Ireland commenced by arrest without warrant, if the person arrested is released, otherwise than on bail, without having been charged.
Textual Amendments
F2Sch. 1 para. 7(aa) inserted (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. I para. 4
8Criminal proceedings before a court-martial or standing civilian court are not concluded until the completion of any review of finding or sentence.
9U.K.Criminal proceedings in England and Wales or Northern Ireland cease to be active if an order is made for the charge to lie on the file, but become active again if leave is later given for the proceedings to continue.
[F39AU.K.Where proceedings in England and Wales have been discontinued by virtue of section 23 of the Prosecution of Offences Act 1985, but notice is given by the accused under subsection (7) of that section to the effect that he wants the proceedings to continue, they become active again with the giving of that notice.]
Textual Amendments
F3Sch. 1 para. 9A inserted (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. I para. 5
10Without prejudice to paragraph 5(b) above, criminal proceedings against a person cease to be active—
(a)if the accused is found to be under a disability such as to render him unfit to be tried or unfit to plead or, in Scotland, is found to be insane in bar of trial; or
(b)if a hospital order is made in his case under [F4section 51(5) of the Mental Health Act 1983] or [F5Article 57(5) of the Mental Health (Northern Ireland) Order 1986] or, in Scotland, where a transfer order ceases to have effect by virtue of [F6section 73(1) of the Mental Health (Scotland) Act 1984],
but become active again if they are later resumed.
Textual Amendments
F4Words substituted by Mental Health Act 1983 (c. 20), Sch. 4 para. 57(c)
F5Words substituted by S.I. 1986/595 (N.I. 4), art. 136(1), Sch. 5 Pt. II
F6Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127(1), Sch. 3 para. 48
11U.K.Criminal proceedings against a person which become active on the issue or the grant of a warrant for his arrest cease to be active at the end of the period of twelve months beginning with the date of the warrant unless he has been arrested within that period, but become active again if he is subsequently arrested.