Crime and Disorder Act 1998

53 Crown Prosecution Service: powers of non-legal staff. E+W

For section 7A of the 1985 Act there shall be substituted the following section—

“7A Powers of non-legal staff.

(1) The Director may designate, for the purposes of this section, 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, 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;

(b) the powers of such a Prosecutor in relation to the conduct of criminal proceedings not falling within paragraph (a)(ii) above.

(3) A person so designated shall exercise any such powers subject to instructions given to him by the Director.

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

(5) For the purposes of this section—

(a) “bail in criminal proceedings” has the same meaning as it would have in the M1 Bail Act 1976 by virtue of the definition in section 1 of that Act if in that section “offence” did not include an offence to which subsection (6) below applies;

(b) “criminal proceedings” does not include proceedings for an offence to which subsection (6) below applies; and

(c) 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.

(6) This subsection applies to an offence if it is triable only on indictment, or is an offence—

(a) for which the accused has elected to be tried by a jury;

(b) which a magistrates’ court has decided is more suitable to be so tried; or

(c) in respect of which a notice of transfer has been given under section 4 of the M2 Criminal Justice Act 1987 or section 53 of the M3 Criminal Justice Act 1991.

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

(a) the criteria applied by the Director in determining whether to designate persons under this section;

(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.”

Commencement Information

I1 S. 53 wholly in force; S. 53 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M1 1976 c.63.

M2 1987 c.38.

M3 1991 c.53.