Statutory Instruments
2012 No. 1635
Criminal Law, England And Wales
The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2012
Made
21st June 2012
Laid before Parliament
26th June 2012
Coming into force
17th July 2012
The Attorney General makes the following Order in exercise of the powers conferred by section 3(3) of the Prosecution of Offences Act 1985( 1 ).
Citation and commencement
1. This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2012 and comes into force on the 17th July 2012.
Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999
2. —(1)The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999( 2 ) is amended as follows.
(2) In article 3, for paragraph (3) substitute -
“ (3) Proceedings for an offence cease to be specified if at any time a magistrates’ court begins to receive evidence in those proceedings, other than evidence—
(a) received in proceedings held in the absence of the accused under section 11(1)(a) of the Magistrates’ Courts Act 1980 ( 3 ) (non-appearance of accused: general provisions);
(b) read out before the court under section 12(7) of that Act (non-appearance of accused: plea of guilty); or
(c) received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under section 35(1) of the Road Traffic Offenders Act 1988 ( 4 ) (disqualification for repeated offences). ” .
Dominic Grieve
Attorney General
21st June 2012
1985 c. 23 . Section 3(3) was amended by paragraph 39 of Schedule 7 to the Police Act 1996 (c. 16) , paragraph 48 of Schedule 9 to the Police Act 1997 (c. 50) , paragraph 47 of Schedule 4 and Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005 (c. 15) and paragraph 171 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) .
1980 c. 43 . Section 11(1) was amended by section 54 of the Criminal Justice and Immigration Act 2008 (c. 4) . Section 12 was substituted by paragraph 1 of Schedule 5 to the Criminal Justice and Public Order Act 1994 (c. 33) , and subsection (7) was further amended by section 1 of the Magistrates’ Courts (Procedure) Act 1998 (c. 15) .
1988 c. 53 . Section 35(1) was amended by paragraph 95 of Schedule 4 to the Road Traffic Act 1991 (c. 40) .