Prosecution of Offences Act 1985 (c. 23)

SCHEDULES

SCHEDULE 1 E+W Minor and Consequential Amendments

Part I E+W Amendments Relating to Part I

The Magistrates’ Courts Act 1980 (c. 43) E+W

F1 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 1 repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/1957, art.6

2 E+W [F2 In section 19 of that Act (in cases triable either way, court to begin by considering which mode of trial appears more suitable) the following subsection shall be added at the end—

“(5) The power of the Director of Public Prosecutions under subsection (4) above to apply for an offence to be tried on indictment shall not be exercised except with the consent of the Attorney General.”]

Textual Amendments

F2 Sch. 1 para. 2 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5 2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(1)(d)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)

3 E+W [F3 In section 25 of that Act (power to change from summary trial to committal proceedings and vice versa), in subsection (3) before the word “proceed ” there shall be inserted “subject to subsection (3A) below ” and after subsection (3) there shall be inserted the following subsection—

“(3A) Where the prosecution is being carried on by the Attorney General or the Solicitor General, the court shall not exercise the power conferred by subsection (3) above without his consent and, where the prosecution is being carried on by the Director of Public Prosecutions, shall not exercise that power if the Attorney General directs that it should not be exercised.”]

Textual Amendments

F3 Sch. 1 para. 3 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5 2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(1)(d)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)