The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2020


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Statutory Instruments

2020 No. 562

Criminal Law, England And Wales

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2020

Made

at 10.30 a.m. on 2nd June 2020

Laid before Parliament

at 5.00 p.m. on 2nd June 2020

Coming into force in accordance with article 1

The Attorney General makes the following Order in exercise of the powers conferred by section 3(3) of the Prosecution of Offences Act 1985(1).

Citation and commencement

1.  This Order may by cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2020 and comes into force on the day after the day on which it is laid before Parliament.

Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

2.-(1) The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999(2) is amended as follows.

(2) In the Schedule (offences proceedings for which are specified by article 3(1)), after paragraph 16A insert-

"16B.  The offences under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020(3).

16C.  The offences under the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020(4).".

Suella Braverman

Attorney General

At 10.30 a.m. on 2nd June 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 3 of the Prosecution of Offences Act 1985 (c. 23). Section 3 sets out the functions of the Director of Public Prosecutions. These include taking over the conduct of all criminal proceedings instituted on behalf of a police force, unless the proceedings are specified in an Order made by the Attorney General under section 3(3).

The Schedule to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (S.I. 1999/904) specifies certain such proceedings. This Order amends that Schedule by specifying further offences for the purposes of section 3 of the Prosecution of Offences Act 1985. The offences are those under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (S.I. 2020/350) and the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (S.I. 2020/353).

A full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.

(1)

1985 c. 23. See definition of "specified proceedings" in subsection (3). There are amendments to section 3 but none are relevant.

(3)

S.I. 2020/350, as amended by S.I. 2020/447, 500 and 558.

(4)

S.I. 2020/353, as amended by S.I. 2020/399, 452, 497, 529 and 557.


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