The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

3.—(1) Subject to [F1 the following paragraphs of this article], 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).

[F2 (1A) Proceedings for an offence mentioned in the Schedule to this Order are not specified if they are instituted by way of charge under section 37(7)(d) of the Police and Criminal Evidence Act 1984.

(1B) Proceedings for an offence mentioned in the Schedule to this Order are not specified if, at the time when a summons or requisition is issued in respect of the offence, the accused is under the age of 16.]

(2) Where a summons [F3 or requisition] has been issued in respect of an offence mentioned in [F4 Part 1 of] the Schedule to this Order, proceedings for that offence cease to be specified when the summons [F3 or requisition] 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 [F3 or requisition].

[F5 (2A) Where a summons or requisition has been issued in respect of an offence mentioned in Part 2 of the Schedule to this Order, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless—

(a) a concise statement of such facts relating to the charge as will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty; or

(b) a copy of such written statement or statements complying with subsections (2)(a) and (b) and (3) of section 9 of the Criminal Justice Act 1967 as will be so placed in those circumstances,

is served upon the accused with the summons or requisition.]

[F6 (3) Proceedings for an offence cease to be specified if at any time a magistrates’ court begins to receive evidence in those proceedings, other than evidence—

(a) received in proceedings held in the absence of the accused under [F7 section 11(1)] of the Magistrates’ Courts Act 1980 (non-appearance of accused: general provisions);

(b) read out before the court under section 12(7) of that Act (non-appearance of accused: plea of guilty); or

(c) received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under section 35(1) of the Road Traffic Offenders Act 1988 (disqualification for repeated offences).]

[F8 (4) Proceedings for an offence mentioned in the Schedule to this Order cease to be specified if at any time a magistrates’ court indicates that it is considering imposing a custodial sentence for the offence.]

[F9 (5) In this article—

“evidence” does not include anything that is considered by the court when trying a written charge in accordance with section 16A (trial by single justice on the papers) of the Magistrates’ Courts Act 1980;

“summons” does not include a summons issued under section 16B(3)(b) (cases not tried by single justice on the papers) or section 16C(3)(b) (cases that cease to be tried by single justice on the papers) of the Magistrates’ Courts Act 1980.]

Textual Amendments

F1 Words in art. 3(1) substituted (19.11.2012) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012 (S.I. 2012/2681), arts. 1, 3(a)

F2 Art. 3(1A)(1B) inserted (19.11.2012) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012 (S.I. 2012/2681), arts. 1, 3(b)

F3 Words in art. 3(2) inserted (19.11.2012) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012 (S.I. 2012/2681), arts. 1, 3(c)(i)

F4 Words in art. 3(2) inserted (19.11.2012) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012 (S.I. 2012/2681), arts. 1, 3(c)(ii)

F5 Art. 3(2A) inserted (19.11.2012) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012 (S.I. 2012/2681), arts. 1, 3(d)

F6 Art. 3(3) substituted (17.7.2012) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2012 (S.I. 2012/1635), arts. 1, 2(2)

F7 Words in art. 3(3)(a) substituted (3.9.2012) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 2) Order 2012 (S.I. 2012/2067), arts. 1, 2(2)

F8 Art. 3(4) inserted (19.11.2012) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012 (S.I. 2012/2681), arts. 1, 3(e)

F9 Art. 3(5) inserted (14.3.2018) by The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2018 (S.I. 2018/198), arts. 1, 2

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).