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The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

S.I. 1999/904 · Made 18 March 1999 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 13 July 2021.

CRIMINAL LAW, ENGLAND AND WALES

Made 18th March 1999

Laid before Parliament 22nd March 1999

Coming into Operation 4th May 1999

The Attorney General, in exercise of the powers conferred upon him by section 3(3) of the Prosecution of Offences 1985M1, hereby makes the following Order:

Annotations to the whole text

Marginal citations

M1

1985 c.23.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Schedule: OFFENCES PROCEEDINGS FOR WHICH ARE SPECIFIED BY ARTICLE 3(1)
  6. Part 1: Summary Offences
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. 3Paragraph 3
  10. 4Paragraph 4
  11. 5Paragraph 5
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. 8Paragraph 8
  15. 9Paragraph 9
  16. 10Paragraph 10
  17. 11Paragraph 11
  18. 12Paragraph 12
  19. 13Paragraph 13
  20. 14Paragraph 14
  21. 15Paragraph 15
  22. 16Paragraph 16
  23. 16AParagraph 16A
  24. 16BParagraph 16B
  25. 16CParagraph 16C
  26. 16DParagraph 16D
  27. 16EParagraph 16E
  28. 16FParagraph 16F
  29. 16GParagraph 16G
  30. 16HParagraph 16H
  31. 16IParagraph 16I
  32. 16JParagraph 16J
  33. 16KParagraph 16K
  34. 16LParagraph 16L
  35. 16MParagraph 16M
  36. 16NParagraph 16N
  37. 16OParagraph 16O
  38. 16PParagraph 16P
  39. 16QParagraph 16Q
  40. 16RParagraph 16R
  41. 16SParagraph 16S
  42. 16TParagraph 16T
  43. 16UParagraph 16U
  44. 16VParagraph 16V
  45. 16WParagraph 16W
  46. 16XParagraph 16X
  47. 16YParagraph 16Y
  48. 16ZParagraph 16Z
  49. 16Z1Paragraph 16Z1
  50. 16Z2Paragraph 16Z2
  51. 16Z3Paragraph 16Z3
  52. 16Z4Paragraph 16Z4
  53. Part 2: Offences Triable Either Way
  54. 17Paragraph 17
  55. Explanatory note

1

This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 and shall come into operation on 4th May 1999.

2

The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1985 M1 is hereby revoked.

3

(1)

Subject to F1the following paragraphs of this article, proceedings for the offences mentioned in the Schedule to this Order are hereby specified for the purposes of section 3 of the Prosecution of Offences Act 1985 (which, amongst other things, places a duty on the Director of Public Prosecutions to take over the conduct of all criminal proceedings, other than specified proceedings, instituted on behalf of a police force).

F2(1A)

Proceedings for an offence mentioned in the Schedule to this Order are not specified if they are instituted by way of charge under section 37(7)(d) of the Police and Criminal Evidence Act 1984.

(1B)

Proceedings for an offence mentioned in the Schedule to this Order are not specified if, at the time when a summons or requisition is issued in respect of the offence, the accused is under the age of 16.

(2)

Where a summons F3or requisition has been issued in respect of an offence mentioned in F4Part 1 of the Schedule to this Order, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless the documents described in section 12(3)(b) of the Magistrates’ Courts Act 1980 M1 (pleading guilty by post etc.) are served upon the accused with the summons or requisition.

F5(2A)

Where a summons or requisition has been issued in respect of an offence mentioned in Part 2 of the Schedule to this Order, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless—

(a)

a concise statement of such facts relating to the charge as will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty; or

(b)

a copy of such written statement or statements complying with subsections (2)(a) and (b) and (3) of section 9 of the Criminal Justice Act 1967 as will be so placed in those circumstances,

is served upon the accused with the summons or requisition.

F6(3)

Proceedings for an offence cease to be specified if at any time a magistrates’ court begins to receive evidence in those proceedings, other than evidence—

(a)

received in proceedings held in the absence of the accused under F7section 11(1) of the Magistrates’ Courts Act 1980 (non-appearance of accused: general provisions);

(b)

read out before the court under section 12(7) of that Act (non-appearance of accused: plea of guilty); or

(c)

received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under section 35(1) of the Road Traffic Offenders Act 1988 (disqualification for repeated offences).

F8(4)

Proceedings for an offence mentioned in the Schedule to this Order cease to be specified if at any time a magistrates’ court indicates that it is considering imposing a custodial sentence for the offence.

F9(5)

In this article—

  • “evidence” does not include anything that is considered by the court when trying a written charge in accordance with section 16A (trial by single justice on the papers) of the Magistrates’ Courts Act 1980;

  • “summons” does not include a summons issued under section 16B(3)(b) (cases not tried by single justice on the papers) or section 16C(3)(b) (cases that cease to be tried by single justice on the papers) of the Magistrates’ Courts Act 1980.

Signature

John Monroe

Her Majesty’s Attorney General

1

Fixed penalty offences within the meaning of section 51(1) of the Road Traffic Offenders Act 1988 M1.

2

The offences under section 29(1) of the Vehicle Excise and Registration Act 1994 M1.

3F1

The offences under sections 3, 17(2), 18(3), 24(3), 26(1) and (2), 29, 31(1), 35, 42(b), 47(1), 87(2), 143, 163, 164(6) and (9), 165(3) and (6), 168, 170 and 172(3) of the Road Traffic Act 1988.

4

All offences under the Road Traffic Regulation Act 1984 M1 other than those under sections 35A(2), 43(5) and (12), 47(3), 52(1), 108(3), 115(1) and (2), 116(1) and 129(3) or those mentioned in paragraph 1 above.

5

The offences arising by contravention of Regulations 3(9)(a) (involving a pedal cycle) and 3(9)(b) and 4(27), (28) and (30) of the Royal and Other Open Spaces Regulations 1997 M1.

6F1

The offence under section 12 of the Licensing Act 1872.

7F1

The offence under section 80 of the Explosives Act 1875.

8F1

The offences under sections 55 and 56 of the British Transport Commission Act 1949.

9F1

The offence under section 91 of the Criminal Justice Act 1967.

10F1

The offence under section 63B(8) of the Police and Criminal Evidence Act 1984.

11F1

The offence under section 5 of the Public Order Act 1986.

12F1

The offence under section 87(1) of the Environmental Protection Act 1990.

13F1

The offence under section 12 of the Criminal Justice and Police Act 2001.

14F1

The offence under section 11 of the Fireworks Act 2003.

15F1

The offence under section 49 of the Fire and Rescue Services Act 2004.

16F1

The offences under section 12(3) and 14(3) of the Drugs Act 2005.

16AF1

The offence under section 1 of the Theft Act 1968, 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 1980.

16BF1

The offences under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

16CF1

The offences under the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020.

16DF1

The offences under the Health Protection (Coronavirus, International Travel) (England) Regulations 2020.

16EF1

The offences under the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020.

16FF1

The offences under the Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020.

16GF1

The offences under the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020.

16HF1

The offences under the Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020.

16IF1

The offences under the Health Protection (Coronavirus, Restrictions) (No. 2) (Wales) Regulations 2020.

16JF1

The offences under the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020.

16KF1

The offences under the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020.

16LF1

The offences under the Health Protection (Coronavirus, Restrictions) (Blackburn with Darwen and Bradford) Regulations 2020.

16MF1

The offences under the Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020.

16NF1

The offences under the Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020.

16OF1

The offences under the Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020.

16PF1

The offences under the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020.

16QF1

The offences under the Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020.

16RF1

The offences under the Health Protection (Coronavirus, Restrictions) (North East and North West of England) (Regulations) 2020.

16SF1

The offences under the Health Protection (Coronavirus, Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020.

16TF1

The offences under the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020.

16UF1

The offences under the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium) (England) Regulations 2020.

16VF1

The offences under the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020.

16WF1

The offences under the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020.

16XF1

The offences under the Health Protection (Coronavirus, Restrictions) (No. 3) (Wales) Regulations 2020.

16YF1

The offences under the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020.

16ZF1

The offences under the Health Protection (Coronavirus, Restrictions) (No. 4) (Wales) Regulations 2020.

16Z1F1

The offences under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.

16Z2F1

The offences under the Health Protection (Coronavirus, Restrictions) (No. 5) (Wales) Regulations 2020.

16Z3F1

The offences under the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021.

16Z4F1

The offences under the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021.

17F1F2

The offence under section 1(1) of the Criminal Damage Act 1971, but only if it is the prosecutor’s case that—

(a)

the offence was not committed by destroying or damaging property by fire; and

(b)

the value involved, within the meaning of Schedule 2 to the Magistrates’ Courts Act 1980, does not exceed £5,000.

Explanatory note

(This note is not part of the Order)

This Order revokes and re-enacts the provisions of the Prosecutions of Offences Act (Specified Proceedings) Order 1985 with amendments to take account of section 1 of the Magistrates’ Courts (Procedure) Act 1998. It specifies proceedings for the offences set out in the Schedule for the purposes of section 3 of the Prosecution of Offences Act 1985 if those proceedings are commenced by the prosecution so as to give the accused the opportunity of pleading guilty by post under section 12 of the Magistrates’ Courts Act 1980. Section 12 was amended by section 1 of the Magistrates’ Courts (Procedures) Act 1998 to permit the prosecution to serve a witness statement or statements instead of a statement of facts. Proceedings cease to be specified if at any time a magistrates’ court begins to receive evidence in those proceedings. The effect is that the duty of the Director of Public Prosecutions as Head of the Crown Prosecution 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 specified by this Order.