Prosecution of Offences Act 1985

25 Consents to prosecutions etc. E+W

(1) This section applies to any enactment which prohibits the institution or carrying on of proceedings for any offence except—

(a) with the consent (however expressed)— of a Law Officer of the Crown or the Director; or

(b) where the proceedings are instituted or carried on by or on behalf of a Law Officer of the Crown or the Director;

and so applies whether or not there are other exceptions to the prohibition (and in particular whether or not the consent is an alternative to the consent of any other authority or person).

(2) An enactment to which this section applies—

(a) shall not prevent the arrest without warrant, or the issue or execution of a warrant for the arrest, of a person for any offence, or the remand in custody or on bail of a person charged with any offence; and

(b) shall be subject to any enactment concerning the apprehension or detention of children or young persons.

[F1 (2A) Subsection (2)(a) is subject to section 1(4A) of the Magistrates' Courts Act 1980.]

(3) In this section “enactment ” includes any provision having effect under or by virtue of any Act; and this section applies to enactments whenever passed or made.

Textual Amendments

F1 S. 25(2A) inserted (15.9.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 153(2), 157(3)(b)