{
  "url": "https://openlegislation.uk/prosecution-of-offences-act-1985-specified-proceedings-amendment-no-3-order-2012/note",
  "json_url": "https://openlegislation.uk/prosecution-of-offences-act-1985-specified-proceedings-amendment-no-3-order-2012/note.json",
  "legislation": "uksi/2012/2681",
  "legislation_title": "The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012",
  "legislation_url": "https://openlegislation.uk/prosecution-of-offences-act-1985-specified-proceedings-amendment-no-3-order-2012",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nSection 3 of the Prosecution of Offences Act 1985 sets out the functions of the Director of Public Prosecutions. These include taking over the conduct of all criminal proceedings instituted on behalf of a police force, unless the proceedings are specified in an Order made by the Attorney General under section 3(3). The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (“the 1999 Order”) specifies proceedings for certain offences, but provides that proceedings cease to be specified if at any time a magistrates’ court begins to receive evidence in the proceedings, other than evidence received where the court proceeds in the absence of the accused, or received for the purposes of the court’s consideration of whether an accused who has been convicted of repeated motoring offences should be spared obligatory disqualification under the “totting up” provisions.\nArticles 5 and 6 of this Order amend the 1999 Order by adding further offences, proceedings for which will be specified proceedings.\nThe further offences added by this Order are: careless or inconsiderate driving; failing to comply with a traffic direction; failing to stop, report an accident or give information or documents; being drunk in a highway, other public place or licensed premises; throwing fireworks in a thoroughfare; trespassing or throwing stones on the railway; disorderly behaviour while drunk in a public place; behaviour likely to cause harassment, alarm or distress; depositing and leaving litter; consumption of alcohol in a designated public place; contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements; knowingly giving a false alarm of fire; failing to give a sample for the purposes of testing for the presence of Class A drugs; failing to attend an assessment following testing for the presence of Class A drugs; and criminal damage, not including arson and only if the value of the property involved is no more than £5,000.\nArticle 3(b) of this Order amends the 1999 Order with the effect that proceedings for any of the listed offences are not specified proceedings if they are commenced by the accused being charged by a custody officer at a police station, or if the accused is under 16 when the proceedings are commenced.\nArticle 3(2) of the 1999 Order provides that proceedings for offences listed in the Order (which were previously all triable only summarily) cease to be specified if a case summary or copy of the witness statements upon which the prosecution intends to rely in the event that the court proceeds under section 12 of the Magistrates’ Courts Act 1980 (“the 1980 Act”) is not served with the summons.\nArticle 3(c)(i) of this Order amends article 3(2) of the 1999 Order to reflect the alternative procedure for commencing criminal proceedings by written charge and requisition under Part 4 of the Criminal Justice Act 2003.\nSection 12 of the 1980 Act sets out a procedure by which a court can proceed in the absence of the accused, provided that the proceedings were commenced by way of summons or requisition, a prosecution case summary or copy of the witness statements was served with the summons or requisition, and the court has received written notification that the accused wishes to plead guilty without attending. This procedure is available in the case of an offence triable only in a magistrates’ court. Criminal damage, which is being added to the Schedule to the 1999 Order, is triable either in a magistrates’ court or in the Crown Court (although there is provision in section 22 of the 1980 Act for a court to proceed as if the offence were triable only in a magistrates’ court if it is clear that the value of the damage caused does not exceed £5,000). The procedure under section 12 of the 1980 is not, therefore, available in relation to this offence.\nArticle 3(c)(ii) and (d) of this Order further amends article 3(2) of the 1999 Order, and inserts a new article 3(2A), with the effect that proceedings for criminal damage, like those for the summary only offences listed in the Schedule, cease to be specified if a case summary or copy of the witness statement is not served with the summons or requisition.\nArticle 3(e) of this Order inserts a new article 3(4) in the 1999 Order, with the effect that proceedings for an offence cease to be specified if the magistrates’ court indicates that it is considering imposing a custodial sentence.\nA full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/2681/note",
    "retrieved_at": "2026-10-29T01:15:35.965368+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}