The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012

Section 3 of the Prosecution of Offences Act 1985 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 Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (“the 1999 Order”) specifies proceedings for certain offences, but provides that proceedings cease to be specified if at any time a magistrates’ court begins to receive evidence in the proceedings, other than evidence received where the court proceeds in the absence of the accused, or received for the purposes of the court’s consideration of whether an accused who has been convicted of repeated motoring offences should be spared obligatory disqualification under the “totting up” provisions.