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The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2014

S.I. 2014/1229 · Made 12 May 2014

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 12 May 2014

Laid before Parliament 13 May 2014

Coming into force 9th June 2014

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

Annotations to the whole text

Footnotes

f1

1985 c. 23. There are amendments to section 3(3) which are not relevant to this Order.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2014 and comes into force on 9th June 2014.

2Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

(1)

The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999f1 is amended as follows.

(2)

In Part 1 of the Schedule, after paragraph 16 insert—

“16A.

The offence under section 1 of the Theft Act 1968f2, but only if it is the prosecutor’s case that the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates’ Courts Act 1980f3.”.

Signature

Dominic Grieve

Attorney General

12th May 2014

Explanatory note

(This note is not part of the Order)

Section 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 certain such proceedings.

Article 2 of this Order amends the 1999 Order by adding a further offence, proceedings for which will be specified proceedings. That offence is the offence of theft, contrary to section 1 of the Theft Act 1968, in the circumstances where it is the prosecutor’s case that the offence constitutes “low-value shoplifting” within the meaning of section 22A of the Magistrates’ Courts Act 1980.