Prosecution of Offences Act 1985

• (6B) Any period during which proceedings for an offence are adjourned pending the determination of an appeal under Part 9 of the Criminal Justice Act 2003 shall be disregarded, so far as the offence is concerned, for the purposes of the overall time limit and the custody time limit which applies to the stage which the proceedings have reached when they are adjourned.

• (7) Where a magistrates’ court decides to extend, or further extend, a custody or overall time limit, or to give a direction under subsection (6A) above, the accused may appeal against the decision to the Crown Court.

• (8) Where a magistrates’ court refuses to extend, or further extend, a custody or overall time limit , or to give a direction under subsection (6A) above, the prosecution may appeal against the refusal to the Crown Court.

• (9) An appeal under subsection (8) above may not be commenced after the expiry of the limit in question; but where such an appeal is commenced before the expiry of the limit the limit shall be deemed not to have expired before the determination or abandonment of the appeal.

• (10) Where a person is convicted of an offence in any proceedings, the exercise, in relation to any preliminary stage of those proceedings, of the power conferred by subsection (3) above shall not be called into question in any appeal against that conviction.

• (11) In this section—

• “appropriate court” means—

• (a) where the accused has been sent for trial or indicted for the offence, the Crown Court; and

• (b) in any other case, the magistrates’ court specified in the summons or warrant in question or, where the accused has already appeared or been brought before a magistrates’ court, a magistrates’ court for the same area;

• “custody” includes local authority accommodation or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 , and references to a person being committed to custody shall be construed accordingly;

• “custody of the Crown Court” includes custody to which a person is committed in pursuance of—section 43A of the Magistrates' Courts Act 1980 (magistrates' court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court); orsection 52 of the Crime and Disorder Act 1998 (provisions supplementing section 51);

• “custody of a magistrates’ court” means custody to which a person is committed in pursuance of section 128 of the Magistrates’ Courts Act 1980 (remand);

• “custody time limit” means a time limit imposed by regulations made under subsection (1)(b) above or, where any such limit has been extended by a court under subsection (3) above, the limit as so extended;

• “preliminary stage”, in relation to any proceedings, does not include any stage after the start of the trial (within the meaning given by subsections (11A) and (11B) below);

• “overall time limit” means a time limit imposed by regulations made under subsection (1)(a) above or, where any such limit has been extended by a court under subsection (3) above, the limit as so extended; and

• “specified” means specified in the regulations.

• (11ZA) For the purposes of this section, proceedings for an offence shall be taken to begin when the accused is charged with the offence or, as the case may be, an information is laid charging him with the offence.

• (11A) For the purposes of this section, the start of a trial on indictment shall be taken to occur at the time when a jury is sworn to consider the issue of guilt or fitness to plead or, if the court accepts a plea of guilty before the time when a jury is sworn, when that plea is accepted; but this is subject to section 8 of the Criminal Justice Act 1987 and section 30 of the Criminal Procedure and Investigations Act 1996 (preparatory hearings).

• (11B) For the purposes of this section, the start of a summary trial shall be taken to occur—

• (a) when the court begins to hear evidence for the prosecution at the trial or to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused), or

• (b) if the court accepts a plea of guilty without proceeding as mentioned above, when that plea is accepted.

• (11AA) The references in subsection (11A) above to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

• (12) For the purposes of the application of any custody time limit in relation to a person who is in the custody of a magistrates’ court or the Crown Court—

• (a) all periods during which he is in the custody of a magistrates’ court in respect of the same offence shall be aggregated and treated as a single continuous period; and

• (b) all periods during which he is in the custody of the Crown Court in respect of the same offence shall be aggregated and treated similarly.

• (13) For the purposes of section 29(3) of the Senior Courts Act 1981 (High Court to have power to make prerogative orders in relation to jurisdiction of Crown Court in matters which do not relate to trial on indictment) the jurisdiction conferred on the Crown Court by this section shall be taken to be part of its jurisdiction in matters other than those relating to trial on indictment.

Additional time limits for persons under 18.

22A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Re-institution of proceedings stayed under section 22(4) or 22A(5).

22B

• (1) This section applies where proceedings for an offence (“the original proceedings”) are stayed by a court under section 22(4) or 22A(5) of this Act.

• (2) If—

• (a) in the case of proceedings conducted by the Director, the Director or a Chief Crown Prosecutor so directs;

• (b) in the case of proceedings conducted by the Director of the Serious Fraud Office, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, that Director or those Commissioners so direct; or

• (c) in the case of proceedings not conducted as mentioned in paragraph (a) or (b) above, a person designated for the purpose by the Secretary of State so directs,

fresh proceedings for the offence may be instituted within a period of three months (or such longer period as the court may allow) after the date on which the original proceedings were stayed by the court.

• (3) Fresh proceedings shall be instituted as follows—

• (a) where the original proceedings were stayed by the Crown Court, by preferring a bill of indictment;

• (b) where the original proceedings were stayed by a magistrates’ court, by laying an information.

• (4) Fresh proceedings may be instituted in accordance with subsections (2) and (3)(b) above notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980 (limitation of time).

• (5) Where fresh proceedings are instituted, anything done in relation to the original proceedings shall be treated as done in relation to the fresh proceedings if the court so directs or it was done—

• (a) by the prosecutor in compliance or purported compliance with section 3, 4 or 7A or 9 of the Criminal Procedure and Investigations Act 1996; or

• (b) by the accused in compliance or purported compliance with section 5 or 6 of that Act.

• (6) Where a person is convicted of an offence in fresh proceedings under this section, the institution of those proceedings shall not be called into question in any appeal against that conviction.

Discontinuance of proceedings in magistrates’ courts.

23

• (1) Where the Director of Public Prosecutions has the conduct of proceedings for an offence, this section applies in relation to the preliminary stages of those proceedings.

• (2) In this section, “preliminary stage” in relation to proceedings for an offence does not include—

• (a) any stage of the proceedings after the court has begun to hear evidence for the prosecution at a summary trial of the offence; or

• (b) any stage of the proceedings after the accused has been sent for trial for the offence.

• (3) Where, at any time during the preliminary stages of the proceedings, the Director gives notice under this section to the designated officer for the court that he does not want the proceedings to continue, they shall be discontinued with effect from the giving of that notice but may be revived by notice given by the accused under subsection (7) below.

• (4) Where, in the case of a person charged with an offence after being taken into custody without a warrant, the Director gives him notice, at a time when no magistrates’ court has been informed of the charge, that the proceedings against him are discontinued, they shall be discontinued with effect from the giving of that notice.

• (5) The Director shall, in any notice given under subsection (3) above, give reasons for not wanting the proceedings to continue.

• (6) On giving any notice under subsection (3) above the Director shall inform the accused of the notice and of the accused’s right to require the proceedings to be continued; but the Director shall not be obliged to give the accused any indication of his reasons for not wanting the proceedings to continue.

• (7) Where the Director has given notice under subsection (3) above, the accused shall, if he wants the proceedings to continue, give notice to that effect to the designated officer for the court within the prescribed period; and where notice is so given the proceedings shall continue as if no notice had been given by the Director under subsection (3) above.

• (8) Where the designated officer for the court has been so notified by the accused he shall inform the Director.

• (9) The discontinuance of any proceedings by virtue of this section shall not prevent the institution of fresh proceedings in respect of the same offence.

• (10) In this section “prescribed” means prescribed by Criminal Procedure Rules .

Discontinuance of proceedings after accused has been sent for trial.

23A

• (1) This section applies where—

• (a) the Director of Public Prosecutions, or a public authority (within the meaning of section 17 of this Act), has the conduct of proceedings for an offence; and

• (b) the accused has been sent for trial . . . for the offence.

• (2) Where, at any time before the indictment is preferred, the Director or authority gives notice under this section to the Crown Court sitting at the place specified in the notice under section 51D(1) of the Crime and Disorder Act 1998 that he or it does not want the proceedings to continue, they shall be discontinued with effect from the giving of that notice.

• (3) The Director or authority shall, in any notice given under subsection (2) above, give reasons for not wanting the proceedings to continue.

• (4) On giving any notice under subsection (2) above the Director or authority shall inform the accused of the notice; but the Director or authority shall not be obliged to give the accused any indication of his reasons for not wanting the proceedings to continue.

• (5) The discontinuance of any proceedings by virtue of this section shall not prevent the institution of fresh proceedings in respect of the same offence.

Restriction of vexatious prosecutions.

24

• (1) Section 42 of the Senior Courts Act 1981 (restriction of vexatious civil proceedings) shall be amended as follows.

• (2) In subsection (1)—

• (a) in paragraphs (a) and (b) for the word “legal ” there shall be substituted, in each case, “civil ”;

• (b) at the end of paragraph (b) there shall be inserted—

or (c) instituted vexatious prosecutions (whether against the same person or different persons),

; and

• (c) for the words from “order ” to the end of the subsection there shall be substituted—

make a civil proceedings order, a criminal proceedings order or an all proceedings order.

• (3) After subsection (1) there shall be inserted—

(1A) In this section— - “civil proceedings order” means an order that— (a) no civil proceedings shall without the leave of the High Court be instituted in any court by the person against whom the order is made; (b) any civil proceedings instituted by him in any court before the making of the order shall not be continued by him without the leave of the High Court; and (c) no application (other than one for leave under this section) shall be made by him, in any civil proceedings instituted in any court by any person, without the leave of the High Court; - “criminal proceedings order” means an order that— (a) no information shall be laid before a justice of the peace by the person against whom the order is made without the leave of the High Court; and (b) no application for leave to prefer a bill of indictment shall be made by him without the leave of the High Court; and “all proceedings order” means an order which has the combined effect of the two other orders.

• (4) In subsection (3), for the word “legal ” there shall be substituted “civil ”.

• (5) After subsection (3) there shall be inserted—

(3A) Leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant.

• (6) In subsection (4), for the words from “for the institution ” to the end there shall be substituted “required by virtue of this section ”.

• (7) An order made under section 42 before the commencement of this section and in force at the time of that commencement shall, for the purposes of that section as amended by this section, be treated as a civil proceedings order.

Consents to prosecutions etc.

25

• (1) This section applies to any enactment which prohibits the institution or carrying on of proceedings for any offence except—

• (a) with the consent (however expressed)— of a Law Officer of the Crown or the Director; or

• (b) where the proceedings are instituted or carried on by or on behalf of a Law Officer of the Crown or the Director;

and so applies whether or not there are other exceptions to the prohibition (and in particular whether or not the consent is an alternative to the consent of any other authority or person).

• (2) An enactment to which this section applies—

• (a) shall not prevent the arrest without warrant, or the issue or execution of a warrant for the arrest, of a person for any offence, or the remand in custody or on bail of a person charged with any offence; and

• (b) shall be subject to any enactment concerning the apprehension or detention of children or young persons.

• (2A) Subsection (2)(a) is subject to section 1(4A) of the Magistrates' Courts Act 1980.

• (3) In this section “enactment” includes any provision having effect under or by virtue of any Act; and this section applies to enactments whenever passed or made.

Consents to be admissible in evidence.

26

Any document purporting to be the consent of a Law Officer of the Crown, the Director or a Crown Prosecutor for, or to—

• (a) the institution of any criminal proceedings; or

• (b) the institution of criminal proceedings in any particular form;

and to be signed by a Law Officer of the Crown, the Director or, as the case may be, a Crown Prosecutor shall be admissible as prima facie evidence without further proof.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

Repeal of s. 9 of Perjury Act 1911.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Supplemental

Regulations.

29

• (1) A power to make regulations under this Act is exercisable by statutory instrument.

• (1A) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (1B).

• (1B) A statutory instrument containing (whether alone or with other provision) regulations under section 16A(6) or 19(4B) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (2) Regulations under this Act may make different provisions with respect to different cases or classes of case.

Expenses.

30

• (1) There shall be paid out of money provided by Parliament such sums as the Attorney General may, with the consent of the Treasury, direct in respect of the expenditure incurred by the Director of Public Prosecutions in the discharge of his functions under this Act.

• (2) Any expenditure incurred by the Secretary of State or the Attorney General which is attributable to this Act shall be payable out of money provided by Parliament.

Short title, commencement and extent etc.

31

• (1) This Act may be cited as the Prosecution of Offences Act 1985.

• (2) The following provisions of this Act come into force on its passing—

• (a) this Part (other than subsections (5) and (6) below);

• (b) sections 11 to 13; and

• (c) section 15, so far as it applies in relation to sections 11 to 13;

and the remaining provisions of this Act shall come into force on such day as the Lord Chancellor or Secretary of State may by order made by statutory instrument appoint.

• (3) An order under subsection (2) above may—

• (a) appoint different days for different purposes and in relation to proceedings instituted in different areas; and

• (b) contain such transitional and supplementary provisions as appear to the Lord Chancellor or, as the case may be, Secretary of State to be necessary or expedient.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Schedule 1 to this Act shall have effect for the purpose of making minor and consequential amendments in other enactments.

• (6) The enactments specified in Schedule 2 to this Act (which include certain provisions which are already spent) are hereby repealed to the extent set out in the third column of that Schedule.

• (7) This Act does not extend to Scotland or Northern Ireland.

SCHEDULE 1 — Minor and Consequential Amendments

Part I — Amendments Relating to Part I

The Magistrates’ Courts Act 1980 (c. 43)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 19 of that Act (in cases triable either way, court to begin by considering which mode of trial appears more suitable) the following subsection shall be added at the end—

(5) The power of the Director of Public Prosecutions under subsection (4) above to apply for an offence to be tried on indictment shall not be exercised except with the consent of the Attorney General.

3

In section 25 of that Act (power to change from summary trial to committal proceedings and vice versa), in subsection (3) before the word “proceed ” there shall be inserted “subject to subsection (3A) below ” and after subsection (3) there shall be inserted the following subsection—

(3A) Where the prosecution is being carried on by the Attorney General or the Solicitor General, the court shall not exercise the power conferred by subsection (3) above without his consent and, where the prosecution is being carried on by the Director of Public Prosecutions, shall not exercise that power if the Attorney General directs that it should not be exercised.

The Contempt of Court Act 1981 (c. 49)

4

In paragraph 7 of Schedule 1 to the Contempt of Court Act 1981 (meaning of “discontinuance ” in relation to criminal proceedings), the following sub-paragraph shall be inserted after sub-paragraph (a)—

(aa) in England and Wales, if they are discontinued by virtue of section 23 of the Prosecution of Offences Act 1985;

5

After paragraph 9 of Schedule 1 to that Act there shall be inserted the following paragraph—

(9A) Where proceedings in England and Wales have been discontinued by virtue of section 23 of the Prosecution of Offences Act 1985, but notice is given by the accused under subsection (7) of that section to the effect that he wants the proceedings to continue, they become active again with the giving of that notice.

Part II — Amendments Relating to Part II

The Criminal Justice Act 1967 (c. 80)

6

In section 32 of the Criminal Justice Act 1967 (which provides that the costs of a medical practitioner reporting to a court are to be recoverable as witness costs), in subsection (2)—

• (a) the words from “and ”, where it first appears, to “funds ”, and the words from “and ”, where it next appears, to the end of the subsection, shall be omitted; and

• (b) for the words “they apply ” there shall be substituted “it applies ”.

The Administration of Justice Act 1970 (c. 31)

7

• (1) Schedule 9 to the Administration of Justice Act 1970 shall be amended as follows.

• (2) After paragraph 1 there shall be inserted—

(1A) Where a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

• (3) In paragraph 4, for the words “orders him to pay the whole or part of the costs incurred in or about the prosecution and conviction ” there shall be substituted “makes an order as to costs to be paid by him ”.

• (4) After paragraph 4 there shall be inserted—

(4A) Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

• (5) For paragraphs 6 and 7 there shall be substituted the following—

(6) Where the criminal division of the Court of Appeal makes an order as to costs to be paid by— (a) an appellant; (b) an applicant for leave to appeal to that court; or (c) in the case of an application for leave to appeal to the House of Lords, an applicant who was the appellant before the criminal division.

• (6) In paragraph 9, for “section 18 of the Costs in Criminal Cases Act 1973 ” there shall be substituted “regulations made under section 19(5) of the Prosecution of Offences Act 1985 ”.

• (7) For paragraph 13 there shall be substituted the following—

(13) Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

• (8) Paragraph 15 shall be omitted.

• (9) After paragraph 16 there shall be inserted—

(16A) Where the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the House of Lords, an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

The Criminal Justice Act 1972 (c. 71)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Senior Courts Act 1981 (c. 54)

9

In section 52(3) of the Senior Courts Act 1981 (ambit of Crown Court rules in relation to awards of costs) for the words “Costs in Criminal Cases Act 1973 ” there shall be substituted “Part II of the Prosecution of Offences Act 1985 ” and for the words from “is ” to the end of the subsection there shall be substituted “in relation to costs of proceedings in the Crown Court, is contained in section 18 of that Act or in regulations made under section 19 of that Act (awards of party and party costs in criminal proceedings) ”.

10

In section 52(4) of that Act, for the words “Costs in Criminal Cases Act 1973 ” there shall be substituted “Part II of the Prosecution of Offences Act 1985 ”.

Part III — Miscellaneous

The Senior Courts Act 1981 (c. 54)

11

In section 77 of the Senior Courts Act 1981 (Crown Court rules to prescribe minimum and maximum period which may elapse between committal and beginning of trial), for the words “and maximum periods ”, in subsection (3), there shall be substituted “period ”.

SCHEDULE 2 — Repeals

Chapter	Short title	Extent of repeal
1911 c. 6.	The Perjury Act 1911.	Section 9.
1915 c. 90.	The Indictments Act 1915.	In section 5, in subsection (1) the words from “and may make such order ” to the end and in paragraph (c) of subsection (5), the words “as to costs and ”.
		Section 6.
1933 c. 36.	The Administration of Justice (Miscellaneous Provisions) Act 1933.	In section 2(2)(b), the words from “or pursuant ” to “Act 1911 ”.
1966 c. 34.	The Industrial Development Act 1966.	In section 8(12), the words “the Director of Public Prosecutions ”.
1967 c. 80.	The Criminal Justice Act 1967.	In section 32(2), the words from “and ” where it first appears to “funds ” and from “and ” where it next appears to the end.
1968 c. 19.	The Criminal Appeal Act 1968.	In Schedule 2, paragraph 3.
1968 c. 73.	The Transport Act 1968.	In paragraph 10 of Schedule 8, the words “the Director of Public Prosecutions ”.
1970 c. 31.	The Administration of Justice Act 1970.	In Schedule 9, paragraph 15.
1972 c. 68.	The European Communities Act 1972.	In section 11(1), the words “in England or Wales or ” and “section 9 of the Perjury Act 1911 or ”.
1973 c. 14.	The Costs in Criminal Cases Act 1973.	The whole Act.
1973 c. 15.	The Administration of Justice Act 1973.	Section 17.
1976 c. 63.	The Bail Act 1976.	In Schedule 2, paragraph 6.
1979 c. 31.	The Prosecution of Offences Act 1979.	The whole Act.
1980 c. 43.	The Magistrates’ Courts Act 1980.	In section 25(3), the words from “but ” to the end.
		Section 30(3).
1981 c. 54.	The Senior Courts Act 1981 .	In section 77, in subsection (1) the words “and the maximum ” and, in subsection (2), paragraph (b) and the word “and ” before it.
1982 c. 44.	The Legal Aid Act 1982.	In section 13, subsections (1) to (4).
1983 c. 2.	The Representation of the People Act 1983.	In section 181, subsections (4) and (8).

Editorial notes