Page:Contempt of Court Act 1981.pdf/14

12c. 49


 * (c) in the case of proceedings in England and Wales or Northern Ireland commenced by arrest without warrant, if the person arrested is released, otherwise than on bail, without having been charged.

8. Criminal proceedings before a court-martial or standing civilian court are not concluded until the completion of any review of finding or sentence.

9. Criminal proceedings in England and Wales or Northern Ireland cease to be active if an order is made for the charge to lie on the file, but become active again if leave is later given for the proceedings to continue.

10. Without prejudice to paragraph 5(b) above, criminal proceedings against a person cease to be active—
 * (a) if the accused is found to be under a disability such as to render him unfit to be tried or unfit to plead or, in Scotland, is found to be insane in bar of trial; or
 * (b) if a hospital order is made in his case under paragraph (b) of subsection (2) of section 76 of the Mental Health Act 1959 or paragraph (b) of subsection (2) of section 62 of the Mental Health Act (Northern Ireland) 1961 or, in Scotland, where a transfer order ceases to have effect by virtue of section 68(1) of the Mental Health (Scotland) Act 1960, but become active again if they are later resumed.

11. Criminal proceedings against a person which become active on the issue or the grant of a warrant for his arrest cease to be active at the end of the period of twelve months beginning with the date of the warrant unless he has been arrested within that period, but become active again if he is subsequently arrested. Other proceedings at first instance 12. Proceedings other than criminal proceedings and appellate proceedings are active from the time when arrangements for the hearing are made or, if no such arrangements are previously made, from the time the hearing begins, until the proceedings are disposed of or discontinued or withdrawn; and for the purposes of this paragraph any motion or application made in or for the purposes of any proceedings, and any pre-trial review in the county court, is to be treated as a distinct proceeding.

13. In England and Wales or Northern Ireland arrangements for the hearing of proceedings to which paragraph 12 applies are made within the meaning of that paragraph—
 * (a) in the case of proceedings in the High Court for which provision is made by rules of court for setting down for trial, when the case is set down;
 * (b) in the case of any proceedings, when a date for the trial or hearing is fixed.