The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005

• Citation: S.I. 2005/902
• Sections: 7

Section 1

These Regulations may be cited as the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 and shall come into force on 4th April 2005.

Section 2

Where a person is sent for trial under section 51 of the 1998 Act on any charge or charges, copies of the documents containing the evidence on which the charge or charges are based, shall, no later than 70 days after the date on which the person was sent for trial or, in the case of a person committed to custody under section 52(1)(a) of the Act, no later than 50 days after that date, be:

(a) served on that person; and

(b) given to the Crown Court sitting at the place specified in the notice under subsection (7) of that section.

Section 3

The prosecutor may apply orally or in writing to the Crown Court sitting at the place specified in the notice under section 51(7) of the 1998 Act for the period prescribed by regulation 2 to be extended or, where that period has already been extended, for it to be further extended.

Section 4

Where the prosecutor proposes to make an oral application under regulation 3 above, he shall give notice in writing of his intention to the appropriate officer of the Crown Court; and a copy thereof shall be given at the same time to the person sent for trial.

Section 5

Any written application made under regulation 3 above shall be sent by the prosecutor to the appropriate officer of the Crown Court specifying the grounds for the application; and a copy thereof shall be given at the same time to the person sent for trial who may make written representations in response within 3 days of service of the application on him.

Section 6

Where an application under regulation 3 is determined otherwise than at an oral hearing, the appropriate officer of the Crown Court shall, as soon as reasonably practicable, send to all the parties to the case a notice of the outcome of the application.

Section 7

The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000 are hereby revoked.