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Criminal Justice and Courts Act 2015

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This is the original version (as it was originally enacted).

47Instituting proceedings: further provision

Explanatory NotesShow EN

(1)Section 30 of the Criminal Justice Act 2003 (further provision about method of instituting proceedings in section 29) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (a), for “or requisitions” substitute “, requisitions or single justice procedure notices”, and

(b)in paragraph (b), for “or requisitions” substitute “, requisitions or single justice procedure notices”.

(3)In subsection (2)(b), after “further requisitions” insert “or further single justice procedure notices”.

(4)In subsection (5)—

(a)in paragraph (b), for “public prosecutor” substitute “relevant prosecutor”, and

(b)after paragraph (b) insert , and

(c)any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates’ Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice).

(5)After subsection (7) insert—

(7A)The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—

(a)a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and

(b)a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015.

(6)In subsection (8)—

(a)for ““public prosecutor”,” substitute ““relevant prosecutor”,”, and

(b)after ““requisition”” insert “, “single justice procedure notice””.

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