The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012

• Citation: S.I. 2012/2681
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012 and comes into force on 19th November 2012.

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

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

Section 3 Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

In article 3—

(a) in paragraph (1), for “paragraphs (2) and (3) below” substitute “the following paragraphs of this article”;

(b) after paragraph (1) insert—

(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.

(c) in paragraph (2)—

(i) after “summons” (in each place) insert “or requisition”,

(ii) after “an offence mentioned in” insert “Part 1 of”;

(d) after paragraph (2) insert—

(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.

(e) after paragraph (3) insert—

(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.

Section 4 Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

Before paragraph 1 of the Schedule insert—

Summary Offences

Section 5 Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

For paragraph 3 of the Schedule substitute—

(3) 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 .

Section 6 Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

After paragraph 5 of the Schedule, insert—

(6) The offence under section 12 of the Licensing Act 1872 .

(7) The offence under section 80 of the Explosives Act 1875 .

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

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

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

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

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

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

(14) The offence under section 11 of the Fireworks Act 2003 .

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

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

Offences Triable Either Way

(17) 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.