Page:Contempt of Court Act 1981.pdf/13

Rh SCHEDULE 1 Preliminary 1. In this Schedule “criminal proceedings” means proceedings against a person in respect of an offence, not being appellate proceedings or proceedings commenced by motion for committal or attachment in England and Wales or Northern Ireland; and “appellate proceedings” means proceedings on appeal from or for the review of the decision of a court in any proceedings.

2. Criminal, appellate and other proceedings are active within the meaning of section 2 at the times respectively prescribed by the following paragraphs of this Schedule; and in relation to proceedings in which more than one of the steps described in any of those paragraphs is taken, the reference in that paragraph is a reference to the first of those steps. Criminal proceedings 3. Subject to the following provisions of this Schedule, criminal proceedings are active from the relevant initial step specified in paragraph 4 until concluded as described in paragraph 5.

4. The initial steps of criminal proceedings are:—
 * (a) arrest without warrant;
 * (b) the issue, or in Scotland the grant, of a warrant for arrest;
 * (c) the issue of a summons to appear, or in Scotland the grant of a warrant to cite;
 * (d) the service of an indictment or other document specifying the charge;
 * (e) except in Scotland, oral charge.

5. Criminal proceedings are concluded—
 * (a) by acquittal or, as the case may be, by sentence;
 * (b) by any other verdict, finding, order or decision which puts an end to the proceedings;
 * (c) by discontinuance or by operation of law.

6. The reference in paragraph 5(a) to sentence includes any order or decision consequent on conviction or finding of guilt which disposes of the case, either absolutely or subject to future events, and a deferment of sentence under section 1 of the Powers of Criminal Courts Act 1973, section 219 or 432 of the Criminal Procedure (Scotland) Act 1975 or Article 14 of the Treatment of Offenders (Northern Ireland) Order 1976.

7. Proceedings are discontinued within the meaning of paragraph 5(c)—
 * (a) in England and Wales or Northern Ireland, if the charge or summons is withdrawn or a  entered;