Part 4Charging etc

I130Further provision about F12written charges

1

F1Criminal Procedure Rules may make—

a

provision as to the form, content, recording, authentication and service of written chargesF6, requisitions or single justice procedure notices, and

b

such other provision in relation to written chargesF5, requisitions or single justice procedure notices as appears to the F2Criminal Procedure Rule Committee to be necessary or expedient.

2

Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision—

a

which applies (with or without modifications), or which disapplies, the provision of any enactment relating to the service of documents,

b

for or in connection with the issue of further requisitions F7or further single justice procedure notices.

3

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Nothing in section 29 affects—

a

the power of a public prosecutor to lay an information for the purpose of obtaining the issue of a warrant under section 1 of the Magistrates' Courts Act 1980 (c. 43),

b

the power of a person who is not a public prosecutor to lay an information for the purpose of obtaining the issue of a summons or warrant under section 1 of that Act, or

c

any power to charge a person with an offence whilst he is in custody.

5

Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—

a

any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge),

b

any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a requisition (or to a F8relevant prosecutor issuing a requisition)F9, and

c

any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice).

6

Subsection (5) does not apply to section 1 of the Magistrates' Courts Act 1980.

7

The reference in subsection (5) to an enactment contained in an Act passed before this Act includes a reference to an enactment contained in that Act as a result of an amendment to that Act made by this Act or by any other Act passed in the same Session as this Act.

F47A

The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—

a

a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and

b

a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015.

8

In this section F10 relevant prosecutor, “requisitionF11, “single justice procedure notice and “written charge” have the same meaning as in section 29.