Article 4 Amendments to the Criminal Procedure Rules 2005I1

England and Wales Not yet in force

In Part 4 (Service of documents)—

(a)

in the table of contents, in the entry for rule 4.1, for “Summons issued by a magistrates' court”, substitute “Service of summons, requisition etc.”;

(b)

in the heading to rule 4.1 (Service of summons, etc issued by a magistrates' court), for “etc issued by a magistrates' court”, substitute “requisition etc.”;

(c)

in rule 4.1—

(i)

in paragraph (1), after “justice of the peace”, insert “or service of a requisition by a public prosecutor”,

(ii)

in paragraph (2), for “for the purposes of the Magistrates' Courts Act 1980^f1 of a summons issued by a justice of the peace”, substitute “of such a summons or requisition”, and

(iii)

in paragraphs (4) and (6), after “summons”, wherever that word occurs, insert “, requisition”;

(d)

in the note after rule 4.1—

(i)

for “Formerly”, substitute “Section 1 of the Magistrates' Courts Act 1980^f2 provides for the issue of a summons by a justice of the peace. Section 29 of the Criminal Justice Act 2003^f3 provides for the issue of a written charge and requisition by a public prosecutor. These rules derive in part from”, and

(ii)

after “form of a summons”, insert “or requisition”; and

(e)

in rule 4.2(1)—

(i)

after “summons, process, notice”, insert “, requisition”, and

(ii)

after “summons, notice, process”, insert “, requisition”.

Annotations

Commencement

I1: Rule 4 in force at 6.11.2006, see rule 1

Footnotes

f1: 1980 c. 43.
f2: 1980 c. 43; section 1 was amended by section 331 of, and paragraphs 7 and 8 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44). Section 1(1) was substituted by section 43(1) of the Courts Act 2003 (c. 39).
f3: 2003 c. 44; section 29 will take effect from a date to be appointed. Section 29(5)(ca) was inserted by section 50(6) of, and paragraph 130 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 29(5)(cb) was inserted by section 59 of, and paragraph 196 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15).