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The Criminal Justice Act 2003 (New Method of Instituting Proceedings) (Specification of Relevant Prosecutors) Order 2016
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- UK Statutory Instruments
- 2016 No. 430
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EXPLANATORY NOTE
(This note is not part of the Order)
Articles 3 to 8 of this Order specify various persons as relevant prosecutors for the purposes of section 29 of the Criminal Justice Act 2003 (c. 44) (“the Act”). Section 29 provides relevant prosecutors with the power to institute criminal proceedings by written charge. Where a relevant prosecutor issues a written charge, it must at the same time issue a requisition or a single justice procedure notice.
By section 29(5A) of the Act an order must also specify whether relevant prosecutors are authorised to issue written charges, requisitions and single justice procedure notices or only written charges and single justice procedure notices. Article 9 authorises the relevant prosecutors specified by this Order and any person authorised by them to institute criminal proceedings only to issue written charges and single justice procedure notices.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
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