Criminal Justice Act 2003 (c. 44)

SCHEDULES

SCHEDULE 36 E+W Further minor and consequential amendments

Part 2 E+W Charging etc

Prospective

Magistrates' Courts Act 1980 (c. 43) E+W

7 E+W The Magistrates' Courts Act 1980 is amended as follows.

8 (1) Section 1 (issue of summons to accused or warrant for his arrest) is amended as follows. E+W

(2) In subsection (3) after “section” there is inserted “ upon an information being laid ”.

(3) In subsection (4) after “summons” there is inserted “ , or a written charge and requisition, ”.

(4) In subsection (6) after “has” there is inserted “ , or a written charge and requisition have, ”.

(5) After subsection (6) there is inserted—

“(6A) Where the offence charged is an indictable offence and a written charge and requisition have previously been issued, a warrant may be issued under this section by a justice of the peace upon a copy of the written charge (rather than an information) being laid before the justice by a public prosecutor.”

(6) After subsection (7) there is inserted—

“(7A) For the purposes of subsection (6A) above, a copy of a written charge may be laid before, and a warrant under this section may be issued by, a single justice of the peace.”

9 E+W In section 150(1) (interpretation of other terms) after the definition of “prescribed” there is inserted—

““public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003;”.