Clause 36 - Taking a conveyance without authority:extension of prosecution time-limits
Vehicles (Crime) Bill
2:45 pm
Mr Charles Clarke (Minister of State, Home Office; Norwich South, Labour)
The answer to the hon. Gentleman's point was an illumination to me when I studied it. The phrase ``any person'' is used to ensure that Crown Prosecution Service prosecutors are unable to get round the six-month time limit by passing the file to another prosecutor. A CPS prosecutor who had sat on the file for six months could pass the file to another prosecutor and another six months could commence. The reference to ``any'' rather than ``the'' person responsible for deciding whether to commence prosecutions will prevent that from happening. The six months will start as soon as a prosecutor capable of taking the decision to prosecute has the evidence in his possession. If he fails to do so, no subsequent prosecution can be commenced. That legalistic response illuminated me, and that is the reason for using ``any'' rather than ``the''.