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The Criminal Procedure (Amendment) Rules 2023
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Amendments to the Criminal Procedure Rules
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6. In Part 7 (Starting a prosecution in a magistrates’ court), in rule 7.2 (Application for summons, etc.) for the second paragraph of the note to the rule substitute—
“Where an offence can be tried only in a magistrates’ court the general time limit for serving or presenting an application for a summons or warrant, and for issuing a written charge, is prescribed by section 127 of the Magistrates’ Courts Act 1980(1) and section 30(5) of the Criminal Justice Act 2003(2). However, the legislation that creates the offence may prescribe a different time limit, which may be calculated by reference to the date of the offence or by reference to another event specified by that legislation. If the application contains insufficient information to show that it is in time the court may refuse to issue a summons or warrant.”
(1)
(2)
2003 c. 44; section 30(5) was amended by section 47 of the Criminal Justice and Courts Act 2015 (c. 2).
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