Criminal Justice and Police Act 2001

41 Relevant proceedings E+W+N.I.

(1) A reference in section 39 or 40 to relevant proceedings is a reference to any proceedings in or before the Court of Appeal, the High Court, the Crown Court or any county court or magistrates’ court which—

(a) are not proceedings for an offence; and

(b) were commenced after the coming into force of that section.

(2) For the purposes of any reference in section 39 or 40 or this section to the commencement of any proceedings relevant proceedings are commenced (subject to subsection (5)) at the earliest time at which one of the following occurs—

(a) an information is laid or application, claim form, complaint, petition, summons or other process made or issued for the purpose of commencing the proceedings;

(b) any other step is taken by means of which the subject matter of the proceedings is brought for the first time (whether as part of the proceedings or in anticipation of them) before the court.

(3) For the purposes of any reference in section 39 or 40 to the time when any proceedings are finally concluded, relevant proceedings are finally concluded (subject to subsection (4))—

(a) if proceedings for an appeal against, or an application for a review of, those proceedings or of any decision taken in those proceedings are brought or is made, at the time when proceedings on that appeal or application are finally concluded;

(b) if the proceedings are withdrawn or discontinued, at the time when they are withdrawn or discontinued; and

(c) in any other case, when the court in or before which the proceedings are brought finally disposes of all the matters arising in those proceedings.

(4) Relevant proceedings shall not be taken to be finally concluded by virtue of subsection (3)(a) where—

(a) the matters to which the appeal or application relate are such that the proceedings in respect of which it is brought or made continue or resume after the making of any determination on that appeal or application; or

(b) a determination made on that appeal or application requires those proceedings to continue or to be resumed.

(5) Where, after having appeared to be finally concluded, any relevant proceedings continue by reason of—

(a) the giving of permission to bring an appeal after a fixed time for appealing has expired,

(b) the lifting of any stay in the proceedings,

(c) the setting aside, without an appeal, of any judgment or order, or

(d) the revival of any discontinued proceedings,

sections 39 and 40 and this section shall have effect as if the proceedings had concluded when they appeared to, but as if the giving of permission, the lifting of the stay, the setting aside of the judgment or order or, as the case may be, the revival of the discontinued proceedings were the commencement of new relevant proceedings.