3U.K.Subject to the following provisions of this Schedule, criminal proceedings are active from the relevant initial step specified in paragraph 4 [F1or 4A] until concluded as described in paragraph 5.
Textual Amendments
F1Words in Sch. 1 para. 3 inserted (E.W.,N.I.) (4.7.1996 with effect as mentioned in s. 54(4)(7)(8) of the amending Act) by 1996 c. 25, ss. 54(4)(7)(8), 57(4) (with s. 78(1)); S.I. 1997/1019, art. 2; S.I. 1997/1504, art. 2
4U.K.The initial steps of criminal proceedings are:—
(a)arrest without warrant;
(b)the issue, or in Scotland the grant, of a warrant for arrest;
(c)the issue of a summons to appear, or in Scotland the grant of a warrant to cite;
(d)the service of an indictment or other document specifying the charge;
(e)except in Scotland, oral charge;
[F2(f)the making of an application under section 2(2) (tainted acquittals), 3(3)(b) (admission made or becoming known after acquittal), 4(3)(b) (new evidence), 11(3) (eventual death of injured person) or 12(3) (nullity of previous proceedings) of the Double Jeopardy (Scotland) Act 2011 (asp 16).]
Textual Amendments
F2Sch. 1 para. 4(f) inserted (S.) (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), Sch. para. 3; S.S.I. 2011/365, art. 3
[F34AU.K.Where as a result of an order under section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) proceedings are brought against a person for an offence of which he has previously been acquitted, the initial step of the proceedings is a certification under subsection (2) of that section; and paragraph 4 has effect subject to this.]
Textual Amendments
F3Sch. 1 para. 4A inserted (E.W.,N.I.) (4.7.1996 with effect as mentioned in s. 54(4)(7)(8) of the amending Act) by 1996 c. 25, ss. 54(4)(7)(8), 57(4) (with s. 78(1)); S.I. 1997/1019, art. 2; S.I. 1997/1504, art. 2
5U.K.Criminal proceedings are concluded—
(a)by acquittal or, as the case may be, by sentence;
(b)by any other verdict, finding, order or decision which puts an end to the proceedings;
(c)by discontinuance or by operation of law;
[F4(d)where the initial steps of the proceedings are as mentioned in paragraph 4(f)—
(i)by refusal of the application;
(ii)if the application is granted and within the period of 2 months mentioned in section 6(3) of the Double Jeopardy (Scotland) Act 2011 (asp 16) a new prosecution is brought, by acquittal or, as the case may be, by sentence in the new prosecution.]
Textual Amendments
F4Sch. 1 para. 5(d) inserted (S.) (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), Sch. para. 4; S.S.I. 2011/365, art. 3
6U.K.The reference in paragraph 5(a) to sentence includes any order or decision consequent on conviction or finding of guilt which disposes of the case, either absolutely or subject to future events, and a deferment of sentence under [F5Chapter 1 of Part 2 of the Sentencing Code], section 219 or 432 of the M1Criminal Procedure (Scotland) Act 1975 or Article 14 of the M2Treatment of Offenders (Northern Ireland) Order 1976.
Textual Amendments
F5Words in Sch. 1 para. 6 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 67 (with Sch. 27); S.I. 2020/1236, reg. 2
Marginal Citations
7U.K.Proceedings are discontinued within the meaning of paragraph 5(c)—
(a)in England and Wales or Northern Ireland, if the charge or summons is withdrawn or a nolle prosequi entered;
[F6(aa)in England and Wales, if they are discontinued by virtue of section 23 of the Prosecution of Offences Act 1985;]
[F7(ab)in England and Wales, if they are discontinued by virtue of paragraph 11 of Schedule 17 to the Crime and Courts Act 2013 (deferred prosecution agreements);]
(b)in Scotland, if the proceedings are expressly abandoned by the prosecutor or are deserted simpliciter;
(c)in the case of proceedings in F8... Northern Ireland commenced by arrest without warrant, if the person arrested is released, otherwise than on bail, without having been charged;
[F9(ca)in the case of proceedings in England and Wales commenced by arrest without warrant, if the person arrested is notified that the person is not to be prosecuted (whether under section 34(5C), 37(6B), 37B(5), 37CA(6), 41(11), 42(13), 43(21) or 44(10) of the Police and Criminal Evidence Act 1984 or otherwise);]
[F10(d)where the initial steps of the proceedings are as mentioned in paragraph 4(f) and the application is granted, if no new prosecution is brought within the period of 2 months mentioned in section 6(3) of the Double Jeopardy (Scotland) Act 2011 (asp 16).]
Textual Amendments
F6Sch. 1 para. 7(aa) inserted (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. I para. 4
F7Sch. 1 para. 7(ab) inserted (24.2.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 17 para. 34 (with Sch. 17 para. 39); S.I. 2014/258, art. 2(b)
F8Words in Sch. 1 para. 7(c) omitted (14.3.2018) by virtue of The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 4(2)(a) (with reg. 14)
F9Sch. 1 para. 7(ca) inserted (14.3.2018) by The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 4(2)(b) (with reg. 14)
F10Sch. 1 para. 7(d) inserted (S.) (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), s. 17(3), Sch. para. 5; S.S.I. 2011/365, art. 3
8U.K.F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 1 para. 8 repealed (28.3.2009 for specified purposes otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with S.I. 2009/1059) ; S.I. 2009/1167, art. 4
9U.K.Criminal proceedings in England and Wales or Northern Ireland cease to be active if an order is made for the charge to lie on the file, but become active again if leave is later given for the proceedings to continue.
[F129AU.K.Where proceedings in England and Wales have been discontinued by virtue of section 23 of the Prosecution of Offences Act 1985, but notice is given by the accused under subsection (7) of that section to the effect that he wants the proceedings to continue, they become active again with the giving of that notice.]
Textual Amendments
F12Sch. 1 para. 9A inserted (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. I para. 5
10U.K.Without prejudice to paragraph 5(b) above, criminal proceedings against a person cease to be active—
(a)if the accused is found to be under a disability such as to render him unfit to be tried or unfit to plead or, in Scotland, is found to be insane in bar of trial; or
(b)if a hospital order is made in his case under [F13section 51(5) of the Mental Health Act 1983] or [F14Article 57(5) of the Mental Health (Northern Ireland) Order 1986] or, in Scotland, where [F15an assessment order or a treatment order ceases to have effect by virtue of sections 52H or 52R respectively of the Criminal Procedure (Scotland) Act 1995],
but become active again if they are later resumed.
Textual Amendments
F13Words substituted by Mental Health Act 1983 (c. 20), Sch. 4 para. 57(c)
F14Words substituted by S.I. 1986/595 (N.I. 4), art. 136(1), Sch. 5 Pt. II
F15Words in Sch. 1 para. 10(b) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), Sch. 1 para. 11(2)
11U.K.Criminal proceedings against a person which become active on the issue or the grant of a warrant for his arrest cease to be active at the end of the period of twelve months beginning with the date of the warrant unless he has been arrested within that period, but become active again if he is subsequently arrested.