Article 5 Amendments to the Criminal Procedure Rules 2014
In Part 7 (Starting a prosecution in a magistrates’ court)—
in rule 7.1 (When this Part applies)—
for paragraph (1)(b) substitute—
“(b)a prosecutor with the power to do so issues—
(i)a written charge and requisition, or
(ii)a written charge and single justice procedure notice
under section 29 of the Criminal Justice Act 2003f1;”,
for paragraph (2) substitute—
“(2)In this Part, ‘authorised prosecutor’ means a prosecutor authorised under section 29 of the Criminal Justice Act 2003 to issue a written charge and requisition or single justice procedure notice.”, and
for the third paragraph of the note to the rule substitute—
“Under section 29 of the Criminal Justice Act 2003, a prosecutor authorised under that section may issue a written charge alleging that someone has committed an offence, and either—
(a)a requisition requiring that person to attend court; or
(b)a notice that the single justice procedure under section 16A of the Magistrates’ Courts Act 1980f2 and rule 37.9 of these Rules applies.
Section 30 of the 2003 Actf3 contains other provisions about written charges, requisitions and single justice procedure notices.”;
in rule 7.2 (Information and written charge), for ‘public prosecutor’ substitute ‘authorised prosecutor’ in each place it occurs; and
in rule 7.4 (Summons, warrant and requisition), in paragraph (7) for ‘public prosecutor’ substitute ‘authorised prosecutor’.
Annotations
Footnotes
- f1
-
2003 c. 44; section 29 has been brought into force for certain purposes only (see S.I. 2007/1999, S.I. 2008/1424 and S.I. 2009/2879). It was amended by section 50 of, and paragraph 130 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11) and section 59 of, and paragraph 196 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15). It is further amended by section 46 of the Criminal Justice and Courts Act 2015 (c. 2), with effect from a date to be appointed.
- f2
-
1980 c. 43; section 16A is inserted by section 48 of the Criminal Justice and Courts Act 2015 (c. 2), with effect from a date to be appointed.
- f3
-
2003 c. 44; section 30 was amended by article 3 of, and paragraphs 45 and 46 of the Schedule to S.I. 2004/2035. It is further amended by section 47 of the Criminal Justice and Courts Act 2015 (c. 2), with effect from a date to be appointed.