Companion Website

Police Law 11th Edition

2. Elements of Criminal Procedure

Chapter 2

Institution of Criminal Proceedings p 21

At the time of writing the Criminal Justice Act 2003(CJA 2003), ss 29 and 30, are only in force in respect of criminal proceedings before the following magistrates’ courts and in respect of the specified public prosecutors:

1. Barking; Bexley; Brentford; Bromley; Coalville; Croydon; Harrow; Hendon; Knowsley; Loughborough; Melton; Oakham; Redbridge; Richmond; St. Helens; Waltham Forest; City of Westminster; and Wimbledon (a police force or person authorised by a police force to institute criminal proceedings);
2. Chester; Crewe; Macclesfield; Northwich; Runcorn; Warrington; and Widnes (a police force or person authorised by a police force to institute criminal proceedings);
3. Brent; Feltham; Havering; and South Western (a police force or person authorised by a police force to institute criminal proceedings);
4. A magistrates’ court anywhere in England and Wales (Secretary of State or a person authorised by the Secretary to State to conduct and appear in proceedings under the Vehicle Excise and Registration Act 1994);
5. A magistrates’ court anywhere in England and Wales (the Secretary of State for Work and Pensions or the Secretary of State for Health or a person authorised by such a Secretary of State where the proceedings are instituted by such a Secretary of State).

[S1 2007/1951; S1 2008/1401; S1 2009/2879]

By a public prosecutor by means of a written charge p 21

In (a) under this heading substitute ‘the Director of Revenue and Customs Prosecutions’ for ‘the Commissioners of Customs and Excise’, and add

'the Director General of the Serious Organised Crime Agency'.

Crown Court p 35

In relation to the risk of ‘jury tampering’ the Court of Appeal has held that a defendant’s right to a fair trial is not prejudiced by holding a trial without a jury where there is a significant risk of jury tampering which could not be addressed by protective measures. [R v Twomey (John) & Ors (2009) Times, 25 June]

House of Lords p 37

The Supreme Court took over the House of Lords’ judicial functions on 1 October 2009. The Supreme Court consists of Justices of the Supreme Court appointed by Her Majesty, one of these judges as President and another as Deputy President. The functions which were carried out by the House of Lords under the Administration of Justice Act 1960, including the right of appeal to the House of Lords in criminal cases, are transferred to the Supreme Court.