keep OFFENCES PROCEEDINGS FOR WHICH ARE SPECIFIED BY ARTICLE 3(1)
This Order specifies which criminal proceedings are excluded from the Director of Public Prosecutions' duty to take over conduct of all criminal prosecutions under section 3 of the Prosecution of Offences Act 1985. It defines a schedule of 'specified proceedings' that can be conducted by other prosecutors (primarily police/CPS), with exceptions for charges under PACE 1984, cases involving under-16s, and situations where certain documents are served with summonses or where courts begin receiving evidence or consider custodial sentences.
This is a procedural allocation mechanism that rationally distributes prosecution responsibilities between the DPP and other prosecutors based on case complexity and seriousness. It does not regulate economic activity, restrict trade, create market barriers, or impose regulatory costs on businesses. The exclusions (e.g., for minors, post-charge procedural steps) appropriately target resources to cases requiring DPP involvement. Deletion would either leave a gap requiring replacement or create an inefficient one-size-fits-all approach where all prosecutions require DPP oversight regardless of complexity.