Part 4Charging etc
30Further provision about new method
1
Rules under section 144 of the Magistrates' Courts Act 1980 may make—
a
provision as to the form, content, recording, authentication and service of written charges or requisitions, and
b
such other provision in relation to written charges or requisitions as appears to the Lord Chancellor 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.
3
Nothing in subsection (1) or (2) is to be taken as affecting the generality of section 144(1) of that Act.
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 public prosecutor issuing a requisition).
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.
8
In this section “public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29.