The Criminal Procedure Rules 2010

PART 8 OBJECTING TO THE DISCONTINUANCE OF PROCEEDINGS IN A MAGISTRATES’ COURT

Contents of this Part
Time for objecting	rule 8.1
Form of Notice	rule 8.2
Duty of Director of Public Prosecutions	rule 8.3
Duty of magistrates’ court	rule 8.4

Time for objecting

8.1.  The period within which an accused person may give notice under section 23(7) of the Prosecution of Offences Act 1985(1) that he wants proceedings against him to continue is 35 days from the date when the proceedings were discontinued under that section.

[Note. For the equivalent procedure in the Crown Court, see section 23A of the 1985 Act.]

Form of notice

8.2.  Notice under section 23(3), (4) or (7) of the Prosecution of Offences Act 1985(2) shall be given in writing and shall contain sufficient particulars to identify the particular offence to which it relates.

Duty of Director of Public Prosecutions

8.3.  On giving notice under section 23(3) or (4) of the Prosecution of Offences Act 1985 the Director of Public Prosecutions shall inform any person who is detaining the accused person for the offence in relation to which the notice is given that he has given such notice and of the effect of the notice.

Duty of magistrates’ court

8.4.  On being given notice under section 23(3) of the Prosecution of Offences Act 1985 in relation to an offence for which the accused person has been granted bail by a court, a magistrates’ court officer shall inform—

(a) any sureties of the accused; and

(b) any persons responsible for securing the accused’s compliance with any conditions of bail

that he has been given such notice and of the effect of the notice.

(1)

1985 c. 23; section 23(7) was amended by paragraph 290 of Schedule 8 to the Courts Act 2003 (c. 39).

(2)

1985 c. 23; section 23(3) was amended by paragraph 290 of Schedule 8 to the Courts Act 2003 (c. 39).