Criminal Justice Act 2003, section 30

Further provision about written charges

Part 4 Charging etc

(1)[F57 Criminal Procedure RulesF57] may make—

(a)provision as to the form, content, recording, authentication and service of written charges[F58 , requisitions or single justice procedure noticesF58] , and

(b)such other provision in relation to written charges[F59 , requisitions or single justice procedure noticesF59] as appears to the [F60Criminal Procedure Rule CommitteeF60] 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[F61 or further single justice procedure noticesF61] .

(3)F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F63relevant prosecutorF63] issuing a requisition) [F64, 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).F64]

(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.

[F65 (7A)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.F65]

(8) In this section [F66 “relevant prosecutor” F66] , “requisition” [F67 , “single justice procedure notice” F67] and “written charge” have the same meaning as in section 29.

Cases considering section 30 3

The Director of Public Prosecutions v Liam Óg Ó Hannaidh

[2026] EWHC 540 (Admin) · 11 March 2026Defines

Treats references to laying an information as including issue of a written charge. This connects the six-month limitation in section 127 of the Magistrates’ Courts Act 1980 to written charge proceedings (see paras [9]-[10]).

Rymer v Director of Public Prosecutions

[2010] EWHC 1848 (Admin) · 21 July 2010Interprets

Section 30(1) authorises Criminal Procedure Rules concerning the form, content, recording, authentication and service of written charges and requisitions. It provides the rule-making context for the procedural rules discussed. Section 30(5) treats written charges as informations and requisitions as summonses for references in earlier enactments. The court applies this equivalence to extend the section 12 procedure to requisitions.

Neave & Ors v Court of Rome, Italy

[2012] EWHC 358 (Admin) · 23 February 2012

Applies the provision to explain that references to information in earlier enactments include a written charge or its issue. (see para [44])

What each judgment says about section 30 is in the case-law panel in the full Act.

Explanatory note

174.This section makes further provisions about the new method of instituting proceedings as described in section 29.

175.Subsection (1) provides that rules of court may be made as necessary especially in relation to the form, content, recording, authentication and service of written charges or requisitions.

176.Subsection (4) provides that nothing in section 29 affects 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 under section 1 of the Magistrates' Courts Act, or the power to charge a person whilst he or she is in custody.

All the explanatory notes for the Act

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F56Words in s. 30 heading substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 4(3); S.I. 2023/1194, reg. 2(e)
  2. F57Words in s. 30(1) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 46(2)(a) (with art. 2(2))
  3. F58Words in s. 30(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(2)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
  4. F59Words in s. 30(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(2)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
  5. F60Words in s. 30(1)(b) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 46(2)(b) (with art. 2(2))
  6. F61Words in s. 30(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
  7. F62S. 30(3) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 46(3) (with art. 2(2))
  8. F63Words in s. 30(5)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(4)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
  9. F64S. 30(5)(c) and word inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(4)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
  10. F65S. 30(7A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(5), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
  11. F66Words in s. 30(8) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(6)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
  12. F67Words in s. 30(8) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(6)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38

Commencement

  1. I16S. 30 partly in force; s. 30 not in force at Royal Assent, see s. 336(3); s. 30 in force for certain purposes at 25.7.2007 by S.I. 2007/1999, arts. 2, 3; s. 30 in force for certain further purposes at 9.6.2008, 1.11.2009, 1.1.2011, 6.9.2011, 3.10.2011, 19.3.2012 and 1.4.2014 by S.I. 2008/1424, arts. 2, 3, S.I. 2009/2879, arts. 2, 3, S.I. 2010/3005, art. 2, S.I. 2011/2188, arts. 2, 3, S.I. 2012/825, art. 2, S.I. 2014/633, art. 2