Part 4

Charging etc

Further provision about written charges
30
1
Criminal Procedure Rules may make—
a
provision as to the form, content, recording, authentication and service of written charges, requisitions or single justice procedure notices, and
b
such other provision in relation to written charges, requisitions or single justice procedure notices as appears to the Criminal Procedure Rule Committee to be necessary or expedient.
2
Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision—
a
which applies (with or without modifications), or which disapplies, the provision of any enactment relating to the service of documents,
b
for or in connection with the issue of further requisitions or further single justice procedure notices.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Nothing in section 29 affects—
a
the power of a public prosecutor to lay an information for the purpose of obtaining the issue of a warrant under section 1 of the Magistrates' Courts Act 1980 (c. 43),
b
the power of a person who is not a public prosecutor to lay an information for the purpose of obtaining the issue of a summons or warrant under section 1 of that Act, or
c
any power to charge a person with an offence whilst he is in custody.
5
Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—
a
any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge),
b
any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a requisition (or to a relevant prosecutor issuing a requisition), and
c
any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice).
6
Subsection (5) does not apply to section 1 of the Magistrates' Courts Act 1980.
7
The reference in subsection (5) to an enactment contained in an Act passed before this Act includes a reference to an enactment contained in that Act as a result of an amendment to that Act made by this Act or by any other Act passed in the same Session as this Act.
7A
The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—
a
a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and
b
a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015.
8
In this section “ relevant prosecutor”, “requisition”, “single justice procedure notice” and “written charge” have the same meaning as in section 29.
Words in s. 30(1) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 46(2)(a) (with art. 2(2))
Words in s. 30(1)(b) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 46(2)(b) (with art. 2(2))
S. 30(3) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 46(3) (with art. 2(2))
Words in s. 30(8) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(6)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
S. 30 partly in force; s. 30 not in force at Royal Assent, see s. 336(3); s. 30 in force for certain purposes at 25.7.2007 by S.I. 2007/1999, arts. 2, 3; s. 30 in force for certain further purposes at 9.6.2008, 1.11.2009, 1.1.2011, 6.9.2011, 3.10.2011, 19.3.2012 and 1.4.2014 by S.I. 2008/1424, arts. 2, 3, S.I. 2009/2879, arts. 2, 3, S.I. 2010/3005, art. 2, S.I. 2011/2188, arts. 2, 3, S.I. 2012/825, art. 2, S.I. 2014/633, art. 2
Words in s. 30(5)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(4)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
Words in s. 30(8) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(6)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
Words in s. 30(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
Words in s. 30(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(2)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
Words in s. 30(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(2)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
Words in s. 30 heading substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 4(3); S.I. 2023/1194, reg. 2(e)
S. 30(7A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(5), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
S. 30(5)(c) and word inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(4)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38