Article 3

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).

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.

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.

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.

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—

is served upon the accused with the summons or requisition.

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—

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.

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.