EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force in England and Wales on 1st October 2007 sections 28 and 331 of the Criminal Justice Act 2003 (“the 2003 Act”) in so far as those sections relate to the provisions of the 2003 Act in article 2(3) and (4) respectively.
Article 2(3) relates to Schedule 2 of the 2003 Act in so far as it inserts new section 37B(8) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”). Section 37B of the 1984 Act provides for consultation with the Director of Public Prosecutions as to whether there is sufficient evidence to charge a person with an offence, following the release of that person on bail. Sub-section (8) provides for the person to be charged for an offence either in police detention at a police station or by written charge in accordance with section 29 of the 2003 Act.
Article 2(4) relates to paragraphs 6, 10 and 15 of Part 2 of Schedule 36 of the 2003 Act. Paragraph 6 amends section 39 of the Criminal Law Act 1977 to provide that a written charge (charging a person with an offence) and requisition (requiring a person charged with an offence to appear before a court in England or Wales), within the meaning of section 29 of 2003 Act, can be served throughout United Kingdom. Paragraph 10 amends the Prosecution of Offences Act 1985 to provide that the provisions of Part 1, concerning the constitution and functions of the Crown Prosecution Service, apply to proceedings instituted when a public prosecutor issues a written charge and requisition in accordance with section 29 of the 2003 Act. Paragraph 15 amends section 85 of the Proceeds of Crime Act 2002 to provide that proceedings for an offence, for the purposes of that Act, are started when a public prosecutor issues a written charge and requisition in respect of the offence in accordance with section 29 of the 2003 Act.
Section 29 of the 2003 Act was brought into force in England and Wales by the Criminal Justice Act 2003 (Commencement No.16) Order 2007 on 25th July 2007 for the purposes of criminal proceedings instituted by specified persons in a magistrates’ court sitting in specified locations.