Justice (Northern Ireland) Act 2002

41 Transfer of functions etc. N.I.

(1) This section and sections 42 and 43 apply once the Attorney General for Northern Ireland is a person appointed under section 22(2).

(2) Any function of the Attorney General for Northern Ireland of consenting to the institution or conduct of criminal proceedings is transferred to the Director (but subject to Schedule 7).

(3) The function of the Attorney General for Northern Ireland of entering a nolle prosequi is transferred to the Director.

(4) The Attorney General for Northern Ireland may not present, or direct the presentation of, an indictment against a person charging him with an offence.

(5) In section 36(9)(a) of the Criminal Justice Act 1988 (c. 33) (reference to Court of Appeal of unduly lenient sentences), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”.

(6) In section 15 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (reference to Court of Appeal of point of law following acquittal on indictment), for “Attorney General for Northern Ireland” (in both places) substitute “ Director of Public Prosecutions for Northern Ireland ”.

Modifications etc. (not altering text)

C1 S. 41(2) extended (20.11.2003) by Criminal Justice Act 2003 (c. 44), ss. 334(4), 336(1)

Commencement Information

I1 S. 41 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 12