3.—(1) Subject to paragraphs (2) and (3) below, proceedings for the offences mentioned in the Schedule to this Order are hereby specified for the purposes of section 3 of the Prosecution of Offences Act 1985 (which, amongst other things, places a duty on the Director of Public Prosecutions to take over the conduct of all criminal proceedings, other than specified proceedings, instituted on behalf of a police force).

(2) Where a summons has been issued in respect of an offence mentioned in the Schedule to this Order, proceedings for that offence cease to be specified when the summons is served on the accused unless the documents described in section 12(3)(b) of the Magistrates’ Courts Act 1980 M1 (pleading guilty by post etc.) are served upon the accused with the summons.

(3) Proceedings for an offence cease to be specified if at any time a magistrates’ court begins to receive evidence in those proceedings; and for the purpose of this paragraph nothing read out before the court under section 12(7) of the Magistrates’ Courts Act 1980 shall be regarded as evidence.

Marginal Citations

M1 1980 c.43; section 12 was substituted by paragraph 1 of Schedule 5 to the Criminal Justice and Public Order Act 1994 (c.33) and amended by section 1 of the Magistrates' Courts (Procedure) Act 1998 (c.15).