Statutory Instruments
2000 No. 3305
CRIMINAL LAW, ENGLAND AND WALES
The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000
Made
18th December 2000
Laid before Parliament
19th December 2000
Coming into force
15th January 2001
The Attorney General, in exercise of the powers conferred upon him by paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998(“the 1998 Act”)( 1 ), hereby makes the following Regulations:
1. These Regulations may be cited as the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000 and shall come into force on 15th January 2001.
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, within 42 days from the date of the first hearing in the Crown Court, 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.
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.
4. —(1) Where the prosecutor proposes to make an oral application under regulation 3 above after the first Crown Court appearance of the person who was sent for trial, 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.
(2) The first Crown Court appearance of the person who was sent for trial for the purposes of paragraph (1) above shall be taken to mean the first appearance listed by the appropriate officer of the Crown Court under Rule 24ZA of the Crown Court Rules 1982( 2 ).
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.
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.
7. The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 1998( 3 ) are hereby revoked.
Gareth Williams
Her Majesty’s Attorney General
18th December 2000
1998 c. 37 ; paragraph 1 of Schedule 3 was amended by the Access to Justice Act 1999 (c. 22) , sections 67(1) and 108(3).
S.I. 1982/1109 . Rule 24ZA of the Crown Court Rules 1982 was inserted by the Crown Court (Modification) Rules 1998 ( S.I. 1998/3047 ) and is revoked and re-enacted by the Crown Court (Amendment) (No. 3) Rules 2000 from 15th January 2001.