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The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 1988

S.I. 1988/1121 · Made 27 June 1988

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CRIMINAL LAW, ENGLAND AND WALES

Made 27th June 1988

Laid before Parliament 29th June 1988

Coming into force 1st August 1988

The Attorney General in exercise of the powers conferred upon him by section 3(3) of the Prosecution of Offences Act 1985f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1985 c. 23.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Explanatory note

1

This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 1988 and shall come into force on 1st August 1988.

2

In the Schedule to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1985f1 (which lists the offences proceedings for which are specified for the purposes of section 3 of the Prosecution of Offences Act 1985, being proceedings excepted from the duty of the Director of Public Prosecutions under that section to take over the conduct of all criminal proceedings instituted on behalf of a police force), paragraph 3 shall be amended by the insertion of three offences under the Road Traffic Act 1972f2 as follows—

(a)

after “33AA(3),” there shall be inserted “40(5)(b),”; and

(b)

after “44(1),” there shall be inserted “84(2), 143,”.

3

No proceedings which have been instituted before this Order comes into force shall be treated as proceedings specified by virtue of this Order.

Signature

P. B. B. Mayhew

Her Majesty’s Attorney General

27th June 1988

Explanatory note

(This note is not part of the Order)

This Order adds three offences under the Road Traffic Act 1972 to those contained in the Schedule to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1985. The effect is that the duty of the Director of Public Prosecutions as head of the Crown Proscecution Service to take over the conduct of all criminal proceedings instituted on behalf of a police force will not include a duty to take over the conduct of proceedings for these further offences.