The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012

Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

3.  In article 3—

(a) in paragraph (1), for “paragraphs (2) and (3) below” substitute “the following paragraphs of this article”;

(b) after paragraph (1) insert—

“(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(1).

(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.”;

(c) in paragraph (2)—

(i) after “summons” (in each place) insert “or requisition”,

(ii) after “an offence mentioned in” insert “Part 1 of”;

(d) after paragraph (2) insert—

“(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.”;

(e) after paragraph (3) insert—

“(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.”.

(1)

1984 c. 60. Section 37(7)(d) was inserted by paragraphs 1 and 2 of Schedule 2 to the Criminal Justice Act 2003 (c. 44).