Modifications etc. (not altering text)
C1Pt I: Power to modify conferred (27.7.1999 for specified purposes and otherwise (4.9.2000) by 1999 c. 23, s. 38(7)(a) (with s. 63(2), Sch. 7 paras. 3(3), 4, 5(2)); S.I. 2000/2091, art. 2(c)
Pt. I: Power to modify conferred (1.12.2003) by S.I. 1999/2789 (N.I. 8), art. 26(7); S.R. 2003/476, art. 4(a)
C2Pt. I power to apply (with modifications) conferred by SI 2015/1490 rule 23.2 Note (as inserted (2.4.2018) by The Criminal Procedure (Amendment) Rules 2018 (S.I. 2018/132), rules 1, 11(a)(v))
(1)This section has effect for the purpose of determining the relevant period for sections 3, 5, 6 [F1, 6B, 6C and 7A(5)] .
(2)Subject to subsection (3), the relevant period is a period beginning and ending with such days as the Secretary of State prescribes by regulations for the purposes of the section concerned.
(3)The regulations may do one or more of the following—
(a)provide that the relevant period for any section shall if the court so orders be extended (or further extended) by so many days as the court specifies;
(b)provide that the court may only make such an order if an application is made by a prescribed person and if any other prescribed conditions are fulfilled;
(c)provide that an application may only be made if prescribed conditions are fulfilled;
(d)provide that the number of days by which a period may be extended shall be entirely at the court’s discretion;
(e)provide that the number of days by which a period may be extended shall not exceed a prescribed number;
(f)provide that there shall be no limit on the number of applications that may be made to extend a period;
(g)provide that no more than a prescribed number of applications may be made to extend a period;
and references to the relevant period for a section shall be construed accordingly.
(4)Conditions mentioned in subsection (3) may be framed by reference to such factors as the Secretary of State thinks fit.
(5)Without prejudice to the generality of subsection (4), so far as the relevant period for section 3 or [F2, 6B, 6C and 7A(5)] is concerned—
(a)conditions may be framed by reference to the nature or volume of the material concerned;
(b)the nature of material may be defined by reference to the prosecutor’s belief that the question of non-disclosure on grounds of public interest may arise.
(6)In subsection (3) “prescribed” means prescribed by regulations under this section.
Textual Amendments
F1Words in s. 12(1) substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 28(a); S.I. 2005/950, art. 2, Sch. 1; S.I. 2005/1817, art. 2
F2Word in s. 12(5) substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 28(b); S.I. 2005/950, art. 2, Sch. 1; S.I. 2005/1817, art. 2
(1)As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 3, section 3(8) shall have effect as if it read—
“(8)The prosecutor must act under this section as soon as is reasonably practicable after—
(a)[F3the accused pleads not guilty (where this Part applies by virtue of section 1(1)),]
(b)[F3the accused is committed for trial (where this Part applies by virtue of section 1(2)(a)),]
(c)[F3the proceedings are transferred (where this Part applies by virtue of section 1(2)(b) or (c)),]
[F4(ca)copies of the documents containing the evidence on which the charge or charges are based are served on the accused (where this Part applies by virtue of section 1(2)(cc)),]
(d)the count is included in the indictment (where this Part applies by virtue of section 1(2)(d)), or
(e)the bill of indictment is preferred (where this Part applies by virtue of section 1(2)(e) [F5or (f)]).”
[F6(2)As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 7A, section 7A(5) shall have effect as if—
(a)in paragraph (a) for the words from “during the period” to the end, and
(b)in paragraph (b) for “during that period”,
there were substituted as soon as is reasonably practicable after the accused gives the statement in question.]
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
Textual Amendments
F3Words in s. 13(1) 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. 3 para. 66(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(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(2)(3)(c)(d), 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)
F4Words in s. 13(1) inserted (27.9.1999 for certain areas and otherwise 8.1.2001) by 1999 c. 22, ss. 67(2), 108(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b), Sch. 1; S.I.2000/3280, art. 2
F5Words in s. 13(1) inserted (E.W.) (1.6.1999) by 1998 c. 37, s. 119, Sch. 8 para. 127(b); S.I. 1999/1279, art. 2(f)
F6S. 13(2) substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 29; S.I. 2005/950, art. 2, Sch. 1; S.I. 2005/1817, art. 2