The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) 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. Material read out to the court, in circumstances where the accused does not appear but has indicated by post that he wishes to plead guilty, does not count as evidence for these purposes.