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General requirements for service of written charge or requisition



This section applies to the following documents issued for the


purposes of criminal proceedings in England and Wales by a





a written charge (within the meaning of section 28 of the


Criminal Justice Act 2003),



a requisition  (within the meaning of that section).



The written charge or requisition may be issued in spite of the


fact that the person on whom it is to be served is outside the


United Kingdom.



Where the written charge or requisition is to be served outside


the United Kingdom and the prosecutor believes that the person


on whom it is to be served does not understand English, the


written charge or requisition must be accompanied by a


translation of it in an appropriate language.



A written charge or requisition served outside the United


Kingdom must be accompanied by a notice giving any


information required to be given by rules of court.



If a requisition is served outside the United Kingdom, no


obligation under the law of England and Wales to comply with


the requisition is imposed by virtue of the service.



Accordingly, failure to comply with the requisition is not a


ground for issuing a warrant to secure the attendance of the


person in question.



But the requisition may subsequently be served on the person in


question in the United Kingdom (with the usual consequences


for non-compliance).



Service of written charge or requisition otherwise than by post



A written charge or requisition to which section 4A applies may,


instead of being served by post, be served on a person outside the


United Kingdom in accordance with arrangements made by the


Secretary of State.



But where the person is in a participating country, the written


charge or requisition may be served in accordance with those


arrangements only if one of the following conditions is met.



The conditions are—



that the correct address of the person is unknown,



that it has not been possible to serve the written charge or


requisition by post,



that there are good reasons for thinking that service by


post will not be effective or is inappropriate.””


Page 355, line 17, leave out from beginning to “the” in line 18 and insert—



Section 74 of the Police and Criminal Evidence Act 1984 (conviction as


evidence of commission of offence) is amended as follows.



In subsection (1) (commission of offence by non-defendant) for the


words from “, where to do so” to “committed that offence” there is


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substituted “that that person committed that offence, where evidence of


his having done so is admissible”.



In subsection (3) (commission of offence by defendant)”


Page 355, line 23, at end insert—



In section 31(1) (powers of Court of Appeal exercisable by single judge)


after paragraph (a) there is inserted—



the power to give leave under section 14(4B) of the


Criminal Appeal Act 1995;”.



In section 31A (powers of Court of Appeal exercisable by registrar) after


subsection (4) there is inserted—



In this section “respondent” includes a person who will be a


respondent if leave to appeal is granted.””


Page 355, line 24, leave out “45(1)” and insert “45”


Page 355, line 24, after “Appeal)” insert—



in subsection (1),”


Page 355, line 25, at end insert—



in subsection (2) after “sections” there is inserted “23A,”.”


Page 357, line 8, at end insert—



In section 45 (powers of Court of Appeal exercisable by single judge)


after subsection (3B) there is inserted—



Subject to section 44(4) above, the power of the Court of Appeal


to give leave under section 14(4B) of the Criminal Appeal Act


1995 may be exercised by a single judge of the Court.”


Criminal Justice Act 1988 (c. 33)



In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—



in subsection (3), for “10” there is substituted “11”,



in subsection (9)(b), for “10 and 35(1)” there is substituted “11 and




Criminal Appeal Act 1995 (c. 35)



In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by


Criminal Cases Review Commission for Court of Appeal) for “case”, in


both places where it occurs, there is substituted “appeal or application


for leave to appeal”.”

Schedule 31


Page 357, column 2, leave out lines 21 to 24 and insert—


“In section 54(1), the words “and record or cause


to be recorded”.”



Page 359, line 7, at end insert—


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“Part 3A


Allocation and sending of offences


Short title and chapter

Extent of repeal


Bankers’ Books Evidence Act

In section 4, the paragraph beginning “Where


1879 (c. 11)

the proceedings”.


In section 5, the paragraph beginning “Where


the proceedings”.


Explosive Substances Act 1883

Section 6(3).


(c. 3)


Criminal Justice Act 1925 (c. 86)

Section 49(2).


Administration of Justice

In section 2(2), paragraphs (aa) to (ac),


(Miscellaneous Provisions)

paragraphs (iA) and (iB), and the words from


Act 1933 (c. 36)

“and in paragraph (iA)” to the end.


Criminal Justice Act 1948 (c. 58)

Section 41(5A).


In section 80, the definition of “Court of


summary jurisdiction”.


Backing of Warrants (Republic

In the Schedule, in paragraph 4, the words “and


of Ireland) Act 1965 (c. 45)

section 2 of the Poor Prisoners Defence Act


1930 (legal aid before examining justices)”.


Criminal Procedure

Section 2(5).


(Attendance of Witnesses)


Act 1965 (c. 69)


Criminal Justice Act 1967 (c. 80)

In section 9(1), the words “, other than


committal proceedings”.


In section 36(1), the definition of “committal




Criminal Appeal Act 1968

In section 9(2), the words from “section 41” to


(c. 19)

“either way offence”.


Firearms Act 1968 (c. 27)

In Schedule 6, in Part 2, paragraph 3.


Theft Act 1968 (c. 60)

Section 27(4A).


Criminal Justice Act 1972 (c. 71)

In section 46, subsections (1A) to (1C).


Bail Act 1976 (c. 63)

In section 3, subsections (8A) and (8B), and the


subsection (10) inserted by paragraph 12(b) of


Schedule 9 to the Criminal Justice and Public


Order Act 1994 (c. 33).


Section 5(6A)(a)(i).


Criminal Law Act 1977 (c. 45)

In Schedule 12, the entry relating to the


Firearms Act 1968 (c. 27).


Interpretation Act 1978 (c. 30)

In Schedule 1, in the definition of “Committed


for trial”, paragraph (a).


Customs and Excise

Section 147(2).


Management Act 1979 (c. 2)


Magistrates’ Courts Act 1980

Sections 4 to 8, and the cross-heading preceding


(c. 43)

section 4.


In section 8B(6)(a), the words “commits or”.


Section 24(1A) and (2).


In section 25, subsections (3) to (8).


In section 33(1), paragraph (b) and the word


“and” immediately preceding it.


Section 42.


Section 97A.


Section 103.


Section 106.


In section 128, in subsection (1)(b), the words


“inquiring into or”, and in each of subsections


(1A)(a), (3A), (3C)(a) and (3E)(a), the word




In section 130(1), the word “5,”.


Section 145(1)(f).


In section 150(1), the definition of “committal




In section 155(2)(a), the words “8 (except


subsection (9))”.


In Schedule 3, paragraph 2(a).


In Schedule 5, paragraph 2.


In Schedule 7, paragraph 73.


Criminal Justice (Amendment)

The whole Act.


Act 1981 (c. 27)


Criminal Attempts Act 1981

In section 2(2)(g), the words “or committed for


(c. 47)



Contempt of Court Act 1981

Section 4(4).


(c. 49)


Supreme Court Act 1981 (c. 54)

Section 76(5).


Section 77(4).


In section 81—


(a) in subsection (1)(a), the words “who has been


committed in custody for appearance before


the Crown Court or in relation to whose case


a notice of transfer has been given under a


relevant transfer provision or”,


(b) subsection (1)(g)(i),


(c) subsection (7).


Criminal Justice Act 1982 (c. 48)

Section 61.


In Schedule 9, paragraph 1(a).


Mental Health Act 1983 (c. 20)

In section 52(7)(b), the words “where the court


proceeds under subsection (1) of that




Police and Criminal Evidence

Section 62(10)(a)(i).


Act 1984 (c. 60)

In section 71, the paragraph beginning “Where


the proceedings”.


Section 76(9).


Section 78(3).


Prosecution of Offences Act

In section 16, subsections (1)(b), (2)(aa) and (12).


1985 (c. 23)

In section 23A(1)(b), the words from “under” to




In Schedule 1, paragraphs 2 and 3.


Criminal Justice Act 1987 (c. 38)

Sections 4 to 6.


In section 11—


(a) subsection (2)(a),


(b) subsection (3),


(c) in subsection (7), the word “(3),”,


(d) in subsection (8), the word “(3),”,


(e) subsections (9) and (10),


(f) in subsection (11), paragraphs (a) and (d).


In Schedule 2, paragraphs 1, 9 and 14.


Criminal Justice Act 1988 (c. 33)

Section 23(5).


Section 24(5).


In section 26, the paragraph beginning “This


section shall not apply”.


In section 27, the paragraph beginning “This


section shall not apply”.


Section 30(4A).


Section 33.


In section 40(1), the words “were disclosed to a


magistrates’ court inquiring into the offence


as examining justices or”.


Section 41.


Section 144.


In Schedule 15, paragraphs 10, 66 and 104.


Road Traffic Offenders Act 1988

Section 11(3A).


(c. 53)

Section 13(7).


Section 16(6A).


Section 20(8A).


Courts and Legal Services Act

In Schedule 18, paragraph 25(5).


1990 (c. 41)


Broadcasting Act 1990 (c. 42)

In Schedule 20, paragraph 29(1).


Criminal Justice Act 1991 (c. 53)

Section 53.


Section 55(1).


Schedule 6.


In Schedule 11, paragraph 25.


Criminal Justice and Public

Section 34(2)(a).


Order Act 1994 (c. 33)

Section 36(2)(a).


Section 37(2)(a).


In Schedule 9, paragraphs 12, 17(c), 18(d), 25, 27,


29 and 49.


In Schedule 10, paragraphs 40 and 71.


Criminal Procedure and

In section 1(2), paragraphs (a) to (c) and, in


Investigations Act 1996 (c. 25)

paragraph (cc), the words from “under” to the




In section 5, subsections (2) and (3).


In section 13(1), paragraphs (a) to (c) of the


modified section 3(8).


Section 28(1)(b).


Section 44(3).


Section 45.


Section 49(4).


Section 68.


In Schedule 1, paragraphs 2 to 5, 8, 10, 12, 13, 15


to 19, 22(3), 24 to 26, 28 to 32, and 34 to 38.


Schedule 2.


Sexual Offences (Protected

Section 9(1).


Material) Act 1997 (c. 39)


Crime and Disorder Act 1998

Section 47(6).


(c. 37)

In section 50(1), the words “unless the accused


falls to be dealt with under section 51 below”.


In Schedule 3, in paragraph 2, sub-paragraphs


(4) and (5), paragraph 12, and in paragraph


13(2), the words from “unless” to the end.


In Schedule 8, paragraphs 8, 37, 40, 65 and 93.


Access to Justice Act 1999 (c. 22)

Section 67(3).


In Schedule 4, paragraphs 16, 39 and 47.


In Schedule 13, paragraphs 96, 111 and 137.


Youth Justice and Criminal

Section 27(10).


Evidence Act 1999 (c. 23)

In section 42(3), paragraphs (a) and (b).


Powers of Criminal Courts

In section 89(2)(b), the words “trial or”.


(Sentencing) Act 2000 (c. 6)

In section 140(1)(b), the words “was committed


to the Crown Court to be tried or dealt with


or by which he”.


In Schedule 9, paragraphs 62, 63, 64(2), 65, 91


and 201.


In Schedule 11, paragraph 9.”



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