Crown Prosecution Service
(asked on 5th December 2018) - View Source
Question to the Attorney General:
To ask the Attorney General, pursuant to the Answer of 26 November 2018 to Question 194050 on Crown Prosecution Service: Staff, what other types of case were transferred to the police in the same period.
The Prosecution of Offences Act 1985 (the 1985 Act) provides that the DPP had a duty to take over the conduct of all criminal proceedings, save for specified proceedings.
Specified proceedings are designated by Section 3(3) of the Prosecution of Offences Act 1985 and the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (the 1999 order) and include most motoring offences which are commenced by the police in accordance with Section 12 Magistrates’ Courts Act 1980 by serving with the summons either a statement of facts about the offence or a copy of the written statements.
The 1999 order also provides that proceedings cease to be specified when a court begins to receive evidence. At that stage the duty for a prosecutor to conduct the proceedings engages.
Annex 1 provides the full list of offences falling within The Prosecution of Offences Act 1985 (specified proceedings) Order 1999) and including all amendments to date.
During the 2008 – 2018 period the following offences were added to the list of specified proceedings as follows:
Offences added in 2012:
No | Section | Statute | Offence |
1. | s.3 | Road Traffic Act 1988 | Careless and inconsiderate driving |
2. | s.35 | Road Traffic Act 1988 | Failing to comply with a traffic direction |
3. | s.163 | Road Traffic Act 1988 | Failing to stop a motor vehicle or bicycle when required to do so by the police |
4. | s.170 | Road Traffic Act 1988 | Failing to stop, report an accident or give information or documents when required to do so |
5. | s.1(1) | Criminal Damage Act 1971 | Criminal damage where the value of the property involved is no more than £5,000 (not including arson) |
6. | s.12 | Criminal Justice and Police Act 2001 | Consumption of alcohol in a designated public place |
7. | s.91 | Criminal Justice Act 1967 | Disorderly behaviour while drunk in a public place |
8. | s.12 | Licensing Act 1872 | Being drunk in a highway, other public place or licensed premises |
9. | s.63B(8) | Police and Criminal Evidence Act 1984 | Failing to give a sample for the purposes of testing for the presence of Class A drugs |
10. | s.12(3) and 14(3) | Drugs Act 2005 | Failing to attend an assessment following testing for the presence of Class A drugs |
11. | s.55 and 56 | British Transport Commission Act 1949 | Trespassing or throwing stones on the railway |
12. | s.49 | Fire and Rescue Services Act 2004 | Knowingly giving a false alarm of fire |
13. | s.5 | Public Order Act 1986 | Behaviour likely to cause harassment, alarm or distress |
14. | s.11 | Fireworks Act 2003 | Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements |
15. | s.80 | Explosives Act 1875 | Throwing fireworks in a thoroughfare |
16. | s.87(1) | Environmental Protection Act 1990 | Depositing and leaving litter |
Offences added in 2014:
No | Section | Statute | Offence |
1. | s.1 | Theft Act 1968 (but only if the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates’ Courts Act 1980) | Theft (Shoplifting where the value of the stolen goods is worth £200 or less) |