Prosecution of Offences Act 1985

Part I E+W The Crown Prosecution Service

Constitution and functions of Service E+W

1 The Crown Prosecution Service. E+W

(1) There shall be a prosecuting service for England and Wales (to be known as the “Crown Prosecution Service ”) consisting of—

(a) the Director of Public Prosecutions, who shall be head of the Service;

(b) the Chief Crown Prosecutors, designated under subsection (4) below, each of whom shall be the member of the Service responsible to the Director for supervising the operation of the Service in his area; and

(c) the other staff appointed by the Director under this section.

(2) The Director shall appoint such staff for the Service as, with the approval of the Treasury as to numbers, remuneration and other terms and conditions of service, he considers necessary for the discharge of his functions.

(3) The Director may designate any member of the Service [F1 who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)] for the purposes of this subsection, and any person so designated shall be known as a Crown Prosecutor.

(4) The Director shall divide England and Wales into areas and, for each of those areas, designate a Crown Prosecutor for the purposes of this subsection and any person so designated shall be known as a Chief Crown Prosecutor.

(5) The Director may, from time to time, vary the division of England and Wales made for the purposes of subsection (4) above.

(6) Without prejudice to any functions which may have been assigned to him in his capacity as a member of the Service, every Crown Prosecutor shall have all the powers of the Director as to the institution and conduct of proceedings but shall exercise those powers under the direction of the Director.

(7) Where any enactment (whenever passed)—

(a) prevents any step from being taken without the consent of the Director or without his consent or the consent of another; or

(b) requires any step to be taken by or in relation to the Director;

any consent given by or, as the case may be, taken by or in relation to, a Crown Prosecutor shall be treated, for the purposes of that enactment, as given by or, as the case may be, taken by or in relation to the Director.

Textual Amendments

F1 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 61(1)

Modifications etc. (not altering text)

C1 S. 1(7) excluded (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 92(1), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by 2005/2122, art. 2 and 2007/391, art. 2)

2 The Director of Public Prosecutions E+W

(1) The Director of Public Prosecutions shall be appointed by the Attorney General.

(2) The Director must be a [F2 person who has a ten year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990].

(3) There shall be paid to the Director such remuneration as the Attorney General may, with the approval of the Treasury, determine.

Textual Amendments

F2 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 60

3 Functions of the Director. E+W

(1) The Director shall discharge his functions under this or any other enactment under the superintendence of the Attorney General.

(2) It shall be the duty of the Director [F3 , subject to any provisions contained in the Criminal Justice Act 1987] —

(a) to take over the conduct of all criminal proceedings, other than specified proceedings, instituted on behalf of a police force (whether by a member of that force or by any other person);

[F4 (aa) to take over the conduct of any criminal proceedings instituted by an immigration officer (as defined for the purposes of the M1 Immigration Act 1971) acting in his capacity as such an officer;]

[F5 (ab) to take over the conduct of any criminal proceedings instituted in England and Wales by the Revenue and Customs;]

[F6 (ac) to take over the conduct of any criminal proceedings instituted on behalf of the National Crime Agency;]

(b) to institute and have the conduct of criminal proceedings in any case where it appears to him that—

(i) the importance or difficulty of the case makes it appropriate that proceedings should be instituted by him; or

(ii) it is otherwise appropriate for proceedings to be instituted by him;

[F7 (ba) to institute and have the conduct of any criminal proceedings in any case where the proceedings relate to the subject-matter of a report a copy of which has been sent to him under paragraph 23 or 24 of Schedule 3 to the Police Reform Act 2002 (c. 30)(reports on investigations into conduct of persons serving with the police);]

[F8 (bb) where it appears to him appropriate to do so, to institute and have the conduct of any criminal proceedings in England and Wales relating to a criminal investigation by the Revenue and Customs;]

[F9 (bc) where it appears to him appropriate to do so, to institute and have the conduct of any criminal proceedings relating to a criminal investigation by the National Crime Agency;]

(c) to take over the conduct of all binding over proceedings instituted on behalf of a police force (whether by a member of that force or by any other person);

(d) to take over the conduct of all proceedings begun by summons issued under section 3 of the M2 Obscene Publications Act 1959 (forfeiture of obscene articles);

(e) to give, to such extent as he considers appropriate, advice to police forces on all matters relating to criminal offences;

[F10 (ea) to have the conduct of any extradition proceedings;

(eb) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings;

[F11 (ec) to give, to such extent as he considers appropriate, advice to immigration officers on matters relating to criminal offences;]]

[F12 (ed) to give advice, to such extent as he considers appropriate and to such person as he considers appropriate, in relation to—

(i) criminal investigations by the National Crime Agency, or

(ii) criminal proceedings arising out of such investigations;]

[F13 (ee) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on matters relating to—

(i) a criminal investigation by the Revenue and Customs; or

(ii) criminal proceedings instituted in England and Wales relating to a criminal investigation by the Revenue and Customs;]

(f) to appear for the prosecution, when directed by the court to do so, on any appeal under—

(i) section 1 of the M3 Administration of Justice Act 1960 (appeal from the High Court in criminal cases);

(ii) Part I or Part II of the M4 Criminal Appeal Act 1968 (appeals from the Crown Court to the criminal division of the Court of Appeal and thence to the [F14 Supreme Court] ); or

(iii) section 108 of the M5 Magistrates’ Courts Act 1980 (right of appeal to Crown Court) as it applies, by virtue of subsection (5) of section 12 of the M6 Contempt of Court Act 1981, to orders made under section 12 (contempt of magistrates’ courts); F15 . . .

[F16 (fa) to have the conduct of applications for orders under [F17 [F18 Chapter 1 of Part 11 of the Sentencing Code] (criminal behaviour orders made on conviction)] and section 14A of the Football Spectators Act 1989 (banning orders made on conviction of certain offences);]

[F19 (faa) where it appears to him appropriate to do so, to have the conduct of applications made by him for orders under section 14B of the Football Spectators Act 1989 (banning orders made on complaint);]

[F20 (fb) where it appears to him appropriate to do so, to have the conduct of [F21 applications under section 336 of the Sentencing Code] for the variation or discharge of orders made under [F22 Chapter 1 of Part 11 of that Code];

(fc) where it appears to him appropriate to do so, to appear on any application under [F23 section 27] of that Act made by a person subject to an order under [F24 section 22] of that Act for the variation or discharge of the order.]

F25 (fd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (fe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26 (ff) to discharge such duties as are conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations);]

[F27 (fg) to have the conduct of applications for orders under section 19 of the Offensive Weapons Act 2019 (knife crime prevention orders made on conviction);]

[F28 (fh) to have the conduct of applications for orders under section 342A of the Sentencing Code (serious violence reduction orders);]

(g) to discharge such other functions as may from time to time be assigned to him by the Attorney General in pursuance of this paragraph.

[F29 (2A) Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and—

(a) in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person;

(b) in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person’s extradition has been requested.]

(3) In this section—

• “the court ” means—

(a) in the case of an appeal to or from the criminal division of the Court of Appeal, that division;

(b) in the case of an appeal from a Divisional Court of the Queen’s Bench Division, the Divisional Court; and

(c) in the case of an appeal against an order of a magistrates’ court, the Crown Court;

• [F30 “criminal investigation” means any process—

  (i)

  for considering whether an offence has been committed;

  (ii)

  for discovering by whom an offence has been committed; or

  (iii)

  as a result of which an offence is alleged to have been committed;]

• “police force ” means any police force maintained by a [F31 local policing body] F32 . . . and any other body of constables for the time being specified by order made by the Secretary of State for the purposes of this section; and

• “specified proceedings ” means proceedings which fall within any category for the time being specified by order made by the Attorney General for the purposes of this section.

[F33 (3A) In this section a reference to the Revenue and Customs is a reference to—

(a) the Commissioners for Her Majesty’s Revenue and Customs;

(b) an officer of Revenue and Customs; or

(c) a person acting on behalf of the Commissioners or an officer of Revenue and Customs.]

(4) The power to make orders under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F3 Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 13

F4 S. 3(2)(aa) inserted (1.12.2004) by 1999 c. 33, ss. 164, 170(4); S.I. 2004/2997, art. 2

F5 S. 3(2)(ab) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 2(2)

F6 S. 3(2)(ac) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 30(a); S.I. 2013/1682, art. 3(v)

F7 S. 3(2)(ba) inserted (1.4.2004) by Police Reform Act 2002 (c. 30) ss. 107, 108(2), {Sch. 7 para. 10}; S.I. 2004/913, art. 2(e)

F8 S. 3(2)(bb) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 2(3)

F9 S. 3(2)(bc) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 30(b); S.I. 2013/1682, art. 3(v)

F10 S. 3(2)(ea)(eb) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(2), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

F11 S. 3(2)(ec) inserted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 7, 48(1)-(3); S.I. 2004/2999, art. 2, Sch.

F12 S. 3(2)(ed) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 30(c); S.I. 2013/1682, art. 3(v)

F13 S. 3(2)(ee) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 2(4)

F14 Words in s. 3(2)(f)(ii) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 41(2); S.I. 2009/1604, art. 2(d)

F15 Word in s. 3(2)(f) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(6), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(f)(ii)(g)(ii)(b)

F16 S. 3(2)(fa) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38). {ss. 86(6)}, 93; S.I. 2003/3300, art. 2(f)(ii)

F17 Words in s. 3(2)(fa) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 5(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(i)

F18 Words in s. 3(2)(fa) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 81(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F19 S. 3(2)(faa) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52, 66(2), Sch. 3 para. 15; S.I. 2007/858, art. 2(k)

F20 S. 3(2)(fb)(fc) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(5), 178; S.I. 2005/1521, art. 3(s) (subject to art. 3(4)(5))

F21 Words in s. 3(2)(fb) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 81(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F22 Words in s. 3(2)(fb) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 81(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F23 Words in s. 3(2)(fc) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 5(4)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(i)

F24 Words in s. 3(2)(fc) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 5(4)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(i)

F25 S. 3(2)(fd)(fe) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 5(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(i)

F26 S. 3(2)(ff) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 149; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F27 S. 3(2)(fg) inserted (5.7.2021 in relation to the metropolitan police district for the specified period) by Offensive Weapons Act 2019 (c. 17), ss. 32(1), 70(1); S.I. 2021/762, regs. 1(2), 2(1)

F28 S. 3(2)(fh) inserted (28.4.2022 for specified purposes, 19.4.2023 for the specified purpose and for the specified period of 24 months beginning with that date) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 165(3), 166, 208(4)(u); S.I. 2023/387, regs. 1, 5(1)(c)(2) (with reg. 6)

F29 S. 3(2A) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(3), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

F30 Words in s. 3(3) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 2(5)

F31 Words in s. 3(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 171; S.I. 2011/3019, art. 3, Sch. 1

F32 S. 3(3): words in definition of "police force" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 47, Sch. 17; S.I. 2006/378, art. 4(1) (subject to art. 4(2)-(7))

F33 S. 3(3A) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 2(6)

Modifications etc. (not altering text)

C2 S. 3(2) excluded by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 5(1)

C3 S. 3(2)(a)(d) restricted by S.I. 1986/1029, art. 5

Marginal Citations

M1 1971 c. 77.

M2 1959 c. 66.

M3 1960 c. 65.

M4 1968 c. 19.

M5 1980 c. 43.

M6 1981 c. 49.

4 Crown Prosecutors. E+W

F34 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 88 of the M7 Solicitors Act 1974 (which, amongst other things, provides that solicitors in public departments are not required to hold practising certificates) the following subsection shall be inserted after subsection (1)—

“(1A) The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.”

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

F36 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 S. 4(1)-(3E) repealed (31.7.2000) by 1999 c. 22, s. 106, Sch.15 Pt II (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 2(c)

F35 S. 4(5) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(7), Sch. 20

F36 S. 4(6) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(iii)

Marginal Citations

M7 1974 c. 47.

5 Conduct of prosecutions on behalf of the Service. E+W

(1) The Director may at any time appoint a person who is not a Crown Prosecutor but [F37 who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)] to institute or take over the conduct of such criminal proceedings [F38 or extradition proceedings] as the Director may assign to him.

[F39 (1A) The Director may at any time appoint such a person—

(a) to exercise a function of the Director under section 3(2)(ab) or (bb) in relation to a class or description of criminal proceedings specified in the appointment;

(b) to exercise a function of the Director under section 3(2)(ee) in relation to—

(i) such criminal proceedings as are specified in the appointment, or

(ii) a class or description of criminal proceedings specified in the appointment; or

(c) to appear in—

(i) Revenue and Customs cash recovery proceedings specified in the appointment, or

(ii) a class or description of Revenue and Customs cash recovery proceedings specified in the appointment.

(1B) In subsection (1A)—

• “Revenue and Customs cash recovery proceedings” means proceedings in which the Director or a Crown Prosecutor would otherwise appear by virtue of section 302A(2) of the Proceeds of Crime Act 2002 (cash recovery proceedings relating to revenue and customs matters).]

(2) Any person conducting proceedings assigned to him under [F40 subsection (1) or exercising functions by virtue of an appointment made under subsection (1A)] shall have all the powers of a Crown Prosecutor but shall exercise those powers subject to any instructions given to him by a Crown Prosecutor.

Textual Amendments

F37 Words substituted by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 61(2) [Editorial Note: The amending legislation provides that the new words in s. 5(1) should be substituted for the words from "who is" to "authority". The words "who is" occur three times in s. 5(1) as enacted. It is thought that the context requires the substitution to begin with the second occurrence of those words.]

F38 Words in s. 5(1) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(4), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

F39 S. 5(1A)(1B) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 3(2)

F40 Words in s. 5(2) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 3(3)

6 Prosecutions instituted and conducted otherwise than by the Service. E+W

(1) Subject to subsection (2) below, nothing in this Part shall preclude any person from instituting any criminal proceedings or conducting any criminal proceedings to which the Director’s duty to take over the conduct of proceedings does not apply.

(2) Where criminal proceedings are instituted in circumstances in which the Director is not under a duty to take over their conduct, he may nevertheless do so at any stage.

7 Delivery of recognizances etc. to Director. E+W

(1) Where the Director or any Crown Prosecutor gives notice to any justice of the peace that he has instituted, or is conducting, any criminal proceedings, the justice shall—

(a) at the prescribed time and in the prescribed manner; or

(b) in a particular case, at the time and in the manner directed by the Attorney General;

send him every recognizance, information, certificate, deposition, document and thing connected with those proceedings which the justice is required by law to deliver to the appropriate officer of the Crown Court.

(2) The Attorney General may make regulations for the purpose of supplementing this section; and in subsection (1) above “prescribed ” means prescribed by the regulations.

(3) The Director or, as the case may be, Crown Prosecutor shall—

(a) subject to the regulations, cause anything which is sent to him under subsection (1) above to be delivered to the appropriate officer of the Crown Court; and

(b) be under the same obligation (on the same payment) to deliver to an applicant copies of anything so sent as that officer.

(4) It shall be the duty of [F41 the designated officer for every magistrates' court] to send to the Director, in accordance with the regulations, a copy of the information and of any depositions and other documents relating to any case in which—

(a) a prosecution for an offence before [F42 the magistrates' court] is withdrawn or is not proceeded with within a reasonable time;

(b) the Director does not have the conduct of the proceedings; and

(c) there is some ground for suspecting that there is no satisfactory reason for the withdrawal or failure to proceed.

Textual Amendments

F41 Words in s. 7(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 287(a); S.I. 2005/910, art. 3(y)

F42 Words in s. 7(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 287(b); S.I. 2005/910, art. 3(y)

[F43 7A Powers of non-legal staff. E+W

(1) The Director may designate [F44 under this subsection] members of the staff of the Crown Prosecution Service who are not Crown Prosecutors.

(2) Subject to such exceptions (if any) as may be specified in the designation [F45 under subsection (1)] , a person so designated shall have such of the following as may be so specified, namely—

(a) the powers and rights of audience of a Crown Prosecutor in relation to—

(i) applications for, or relating to, bail in criminal proceedings;

(ii) the conduct of criminal proceedings in magistrates’ courts other than trials [F46 of offences triable either way or offences which are punishable with imprisonment in the case of persons aged 21 or over] ;

[F47 (iii) the conduct of applications or other proceedings relating to preventative civil orders;

(iv) the conduct of proceedings (other than criminal proceedings) in, or in connection with, the discharge of functions assigned to the Director under section 3(2)(g) above.]

[F48 (b) any powers of a Crown Prosecutor that do not involve the exercise of such rights of audience as are mentioned in paragraph (a) above but are exercisable in relation to the conduct of—

(i) criminal proceedings in magistrates' courts, or

(ii) applications or proceedings falling within paragraph (a)(iii) or (iv).]

[F49 (2A) The Director may designate under this subsection members of the staff of the Crown Prosecution Service who are not Crown Prosecutors.

(2B) A person designated under subsection (2A) has the powers and rights of audience of a Crown Prosecutor in relation to—

(a) Revenue and Customs cash recovery proceedings specified in the designation under subsection (2A), or

(b) a class or description of Revenue and Customs cash recovery proceedings specified in the designation under subsection (2A).]

(3) A person [F50 designated under subsection (1) or (2A)] shall exercise [F51 any powers so conferred] subject to instructions given to him by the Director.

(4) Any such instructions may be given so as to apply generally.

[F52 (5) In this section—

• “bail in criminal proceedings” has the same meaning as in the Bail Act 1976 (see section 1 of that Act);

• “preventative civil orders” means—

  (a)

  orders within section 3(2)(fa) to (fe) above;

  (b)

  orders under [F53 section 360 of the Sentencing Code or section] 5A of the Protection from Harassment Act 1997 (restraining orders); or

  (c)

  orders under section 8 of the Crime and Disorder Act 1998 [F54 or section 366 or 369 of the Sentencing Code] (parenting orders).

• [F55 “Revenue and Customs cash recovery proceedings” has the meaning given by section 5(1B).]

(5A) For the purposes of this section a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.]

F56 [F57 (6)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Details of the following for any year, namely—

(a) the criteria applied by the Director in determining whether to designate persons [F58 under subsection (1) or (2A)] ;

(b) the training undergone by persons so designated; and

(c) any general instructions given by the Director under subsection (4) above,

shall be set out in the Director’s report under section 9 of this Act for that year.]

[F59 (8) As from 1 May 2011 nothing in this section confers on persons designated [F60 under subsection (1) or (2A)] —

(a) any rights of audience, or

(b) any right to conduct litigation,

for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities).

(9) As from that date the following provisions of that Act accordingly do not apply to persons designated [F61 under subsection (1) or (2A)] —

(a) paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and

(b) paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).

(10) The Attorney General may by order make such modifications in the application of any enactment (including this section) in relation to persons designated [F62 under subsection (1) or (2A)] as the Attorney General considers appropriate in consequence of, or in connection with, the matters provided for by subsections (8) and (9).

(11) The Attorney General may also by order amend subsection (2)(a)(ii) so as to omit the words “or offences which are punishable with imprisonment in the case of persons aged 21 or over”.

(12) The power to make an order under subsection (10) or (11) is exercisable by statutory instrument, but a statutory instrument containing such an order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F43 S. 7A substituted (30.9.1998) by 1998 c. 37, s.53; S.I. 1998/2327, art. 2(1)(n).

F44 Words in s. 7A(1) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(2)

F45 Words in s. 7A(2) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(3)

F46 Words in s. 7A(2)(a)(ii) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 55(2)(a), 153(7) (with Sch. 27 para. 21); S.I. 2008/1586, art. 2(1), Sch. 1 para. 29

F47 S. 7A(2)(a)(iii)(iv) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 55(2)(b), 153(7) (with Sch. 27 para. 21); S.I. 2008/1586, art. 2(1), Sch. 1 para. 29

F48 S. 7A(2)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 55(2)(c), 153(7) (with Sch. 27 para. 21); S.I. 2008/1586, art. 2(1), Sch. 1 para. 29

F49 S. 7A(2A)(2B) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(4)

F50 Words in s. 7A(3) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(5)(a)

F51 Words in s. 7A(3) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(5)(b)

F52 S. 7A(5)(5A) substituted for s. 7A(5) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 55(3), 153(7) (with Sch. 27 para. 21); S.I. 2008/1586, art. 2(1), Sch. 1 para. 29

F53 Words in s. 7A(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 82(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F54 Words in s. 7A(5) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 82(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F55 Words in s. 7A(5) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(6)

F56 S. 7A(6) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 55(4), 153(7), Sch. 28 Pt. 4 (with Sch. 27 para. 21); S.I. 2008/1586, art. 2(1), Sch. 1 paras. 29, 50(4)(b)

F57 S. 7A(6) substituted (9.5.2005 for certain purposes and otherwise prosp.) by Criminal Justice Act 2003 (c. 44), ss. 41, 336, Sch. 3 para. 57(2); S.I. 2005/1267, art. 2, Sch. Pt. 1

F58 Words in s. 7A(7)(a) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(7)

F59 Ss. 7A(8)-(12) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 55(5), 153(7) (with Sch. 27 para. 21); S.I. 2008/1586, art. 2(1), Sch. 1 para. 29

F60 Words in s. 7A(8) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(8)

F61 Words in s. 7A(9) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(9)

F62 Words in s. 7A(10) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 4(10)

Reports E+W

8 Reports to Director by chief officers of police. E+W

(1) The Attorney General may make regulations requiring the chief officer of any police force to which the regulations are expressed to apply to give to the Director information with respect to every offence of a kind prescribed by the regulations which is alleged to have been committed in his area and in respect of which it appears to him that there is a prima facie case for proceedings.

(2) The regulations may also require every such chief officer to give to the Director such information as the Director may require with respect to such cases or classes of case as he may from time to time specify.

9 Reports by Director to Attorney General. E+W

(1) As soon as practicable after 4th April in any year the Director shall make to the Attorney General a report on the discharge of his functions during the year ending with that date.

(2) The Attorney General shall lay before Parliament a copy of every report received by him under subsection (1) above and shall cause every such report to be published.

(3) The Director shall, at the request of the Attorney General, report to him on such matters as the Attorney General may specify.

Guidelines E+W

10 Guidelines for Crown Prosecutors. E+W

(1) The Director shall issue a Code for Crown Prosecutors giving guidance on general principles to be applied by them—

(a) in determining, in any case—

(i) whether proceedings for an offence should be instituted or, where proceedings have been instituted, whether they should be discontinued; or

(ii) what charges should be preferred; and

(b) in considering, in any case, representations to be made by them to any magistrates’ court about the mode of trial suitable for that case.

(2) The Director may from time to time make alterations in the Code.

(3) The provisions of the Code shall be set out in the Director’s report under section 9 of this Act for the year in which the Code is issued; and any alteration in the Code shall be set out in his report under that section for the year in which the alteration is made.

Modifications etc. (not altering text)

C4 S. 10(2)(3) modified (1.3.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 2 para. 4; S.I. 2008/219, art. 3(c)

Transfer of staff, etc. E+W

11 Transfer of staff. E+W

(1) The Attorney General may, with the approval of the Treasury, by regulations make such provision as he considers appropriate in relation to the transfer to the staff of the Director of such persons employed by any authority wholly or mainly in connection with the discharge of prosecution functions as may be specified in the regulations.

(2) The regulations may, in particular, make provision—

(a) as to the method by which any staff or group of staff are transferred;

(b) as to the terms and conditions of the transfer; and

(c) for the termination of the employment with the authorities concerned of persons to whom the regulations apply (whether or not they are transferred in accordance with the regulations) and as to the consequences of that termination;

and (without prejudice to section 29(2) of this Act) may make different provision with respect to staff employed in different areas.

(3) The regulations may include provision for the determination of questions arising under them and may make such modifications in the application of any enactment as the Attorney General considers appropriate in connection with any provision of the regulations of a kind mentioned in subsection (2)(c) above.

(4) Staff transferred in accordance with the regulations shall be exempt from any requirement to the effect that before a person is appointed to Her Majesty’s Home Civil Service a certificate of qualification must be issued in respect of him by the Civil Service Commissioners.

(5) For the purposes of [F63 Chapter I of Part XIV of the M8 Employment Rights Act 1996] (as it applies for the purposes of computing an employee’s period and continuity of employment for the purposes of that Act and any other enactment) in its application to a person who is transferred to the staff of the Director as a result of this Part—

(a) the period of his employment in the employment from which he is transferred shall count as a period of Crown employment; and

(b) the change of employment shall not break the continuity of his employment.

(6) Where a person ceases to be a member of the staff of an authority—

(a) on becoming a member of the staff of the Service in consequence of any regulations made under this section; or

(b) having unreasonably refused to be transferred in pursuance of the regulations;

he shall not, on ceasing to be a member of the staff of the authority, be treated for the purposes of any regulations or scheme made under the M9 Superannuation Act 1972 as having ceased to hold his employment by reason of redundancy.

(7) In this section “authority ” means any police authority or other authority or body mentioned in section 17(6)(c) or (d) of this Act; and “police authority ”, in relation to the metropolitan police district, means the Commissioner of Police of the Metropolis.

Textual Amendments

F63 Words in s. 11(5) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 25(2)

Marginal Citations

M8 1996 c. 18.

M9 1972 c. 11.

F64 12 Staff commission. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 S. 12 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3

F65 13 Premises formerly used in connection with Director’s new functions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 S. 13 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3

Miscellaneous E+W

14 Control of certain fees and expenses etc. paid by the Service. E+W

(1) The Attorney General may, with the approval of the Treasury, by regulations make such provision as he considers appropriate in relation to—

(a) the fees of [F66 any legal representative] briefed to appear on behalf of the Service in any criminal proceedings [F67 or extradition proceedings] ; and

(b) the costs and expenses of witnesses attending to give evidence at the instance of the Service [F68 and, subject to subsection (1A) below, of any other person who in the opinion of the Service necessarily attends for the purpose of the case otherwise than to give evidence].

[F69 (1A) The power conferred on the Attorney General by subsection (1)(b) above only relates to the costs and expenses of an interpreter if the interpreter is required because of the lack of English of a person attending to give evidence at the instance of the Service.]

[F69 (1B) In subsection (1)(b) above “attending ” means attending at the court or elsewhere.]

(2) The regulations may, in particular—

(a) prescribe scales or rates of fees, costs or expenses; and

(b) specify conditions for the payment of fees, costs or expenses.

[F70 (3) Regulations made under subsection (1)(b) above may provide that scales or rates of costs and expenses shall be determined by the Attorney General with the consent of the Treasury.]

Subordinate Legislation Made

P1 S. 14; power conferred by s. 14 previously exercised by S.I. 1986/405, 842, 1250, 1818, 1987/902, 1636, 1851, 1988/807, 1054, 1862

Textual Amendments

F66 Words in s. 14(1) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 52(1); S.I.1991/608, art. 2, Sch.

F67 Words in s. 14(1)(a) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(5), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

F68 Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 166(a), Sch. 8 para. 16

F69 S. 14(1A)(1B) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 166(1)(b), Sch. 8 para. 16

F70 S. 14(3) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 166(1)(c), Sch. 8 para. 16

Modifications etc. (not altering text)

C5 S. 14 applied (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 2 para. 5; S.I. 2008/755, art. 15(1)(h)

15 Interpretation of Part I. E+W

(1) In this Part—

• “binding over proceedings ” means any proceedings instituted (whether by way of complaint under section 115 of the M10 Magistrates’ Courts Act 1980 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour;

• “Director ” means the Director of Public Prosecutions;

• [F71 “extradition proceedings” means proceedings under the Extradition Act 2003;]

• [F72 “legal representative ” means [F73 a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);]]

• “police force ” has the same meaning as in section 3 of this Act;

• “prosecution functions ” means functions which by virtue of this Part become functions of the Director;

• “public authority ” has the same meaning as in section 17 of this Act;

• [F74 [F75 “ relevant prosecutor ”], “requisition” [F76 , “single justice procedure notice”] and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003;]

• “Service ” means the Crown Prosecution Service; [F77 . . .

• F77 . . ..]

(2) For the purposes of this Part, proceedings in relation to an offence are instituted—

(a) where a justice of the peace issues a summons under section 1 of the M11 Magistrates’ Courts Act 1980, when the information for the offence is laid before him;

(b) where a justice of the peace issues a warrant for the arrest of any person under that section, when the information for the offence is laid before him;

[F78 (ba) where a [F79 relevant prosecutor] issues a written charge and requisition for the offence, when the written charge and requisition are issued;]

[F80 (bb) where a relevant prosecutor issues a written charge and single justice procedure notice, when the written charge and single justice procedure notice are issued;]

(c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed on the particulars of the charge;

(d) where a bill of indictment is preferred under section 2 of the M12 Administration of Justice (Miscellaneous Provisions) Act 1933 in a case falling within paragraph (b) [F81 or (ba)] of subsection (2) of that section, when the bill of indictment is preferred before the court;

and where the application of this subsection would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times.

(3) For the purposes of this Part, references to the conduct of any proceedings include references to the proceedings being discontinued and to the taking of any steps (including the bringing of appeals and making of representations in respect of applications for bail) which may be taken in relation to them.

(4) For the purposes of sections 3(2)(b), 5, 6 [F82 , 7(1) and 7A] of this Act, binding over proceedings shall be taken to be criminal proceedings.

(5) For the purposes of section 5 of this Act, proceedings begun by summons issued under section 3 of the M13 Obscene Publications Act 1959 (forfeiture of obscene articles) shall be taken to be criminal proceedings.

(6) The functions which become functions of the Director by virtue of this Part shall [F83 not be treated as transferred functions] for the purposes of paragraph 1(2) of Schedule 3 to the M14 Pensions (Increase) Act 1971 (meaning of “last employing authority ”).

F84 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Definition in s. 15(1) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(6), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

F72 Definition in s. 15(1) inserted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 52(2); S.I. 1991/608, art. 2, Sch.

F73 Words in s. 15(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 64 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

F74 Definition in s. 15(1) inserted (1.10.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 para. 10(1)(2); S.I. 2007/2874, art. 2(4)

F75 Words in s. 15(1) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 7(2)(a); S.I. 2015/778, art. 3, Sch. 1 para. 77

F76 Words in s. 15(1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 7(2)(b); S.I. 2015/778, art. 3, Sch. 1 para. 77

F77 Word and definition in s. 15(1) repealed (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(7), Sch. 20; S.I. 1991/608, art. 2, Sch.

F78 S. 15(2)(ba) inserted (1.10.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 para. 10(1)(3); S.I. 2007/2874, art. 2(4)

F79 Words in s. 15(2)(ba) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 7(3)(a); S.I. 2015/778, art. 3, Sch. 1 para. 77

F80 S. 15(2)(bb) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 7(3)(b); S.I. 2015/778, art. 3, Sch. 1 para. 77

F81 Words in s. 15(2)(d) inserted (24.2.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 17 para. 35 (with Sch. 17 para. 39); S.I. 2014/258, art. 2(b)

F82 Words in s. 15(4) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 55(6), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 29

F83 Words in s. 15(6) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 25(3)

F84 S. 15(7) repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3

Marginal Citations

M10 1980 c. 43.

M11 1980 c. 43.

M12 1933 c. 36.

M13 1959 c. 66.

M14 1971 c. 56.