Justice (Northern Ireland) Act 2002

29 Public Prosecution Service N.I.

(1) There is to be a prosecuting service for Northern Ireland known as the Public Prosecution Service for Northern Ireland.

(2) The Service is to consist of—

(a) the Director of Public Prosecutions for Northern Ireland,

(b) the Deputy Director of Public Prosecutions for Northern Ireland, and

(c) the members of staff of the service appointed under subsection (4).

(3) The Service is to be funded [F1 out of money appropriated for that purpose by Act of the Northern Ireland Assembly].

(4) The Director may appoint staff of the Service, but subject to the approval of the [F2 Department of Finance and Personnel] as to—

(a) numbers,

(b) salary, and

(c) other conditions of service.

(5) The Director may designate any member of staff of the Service who is—

(a) a member of the Bar of Northern Ireland, or

(b) a solicitor of the [F3 Court of Judicature];

and any person designated under this subsection is to be known as a Public Prosecutor.

(6) The Director is head of the Service; and the Deputy Director and the Public Prosecutors and the other members of staff of the Service are subject to his direction and control.

(7) The Director and Deputy Director (if barristers) and Public Prosecutors designated under subsection (5)(a) are not prevented from—

(a) conducting any criminal proceedings, or

(b) exercising a right of audience in any criminal proceedings,

by not having been instructed by a solicitor.

(8) The Director may set up and maintain such offices, in such places in Northern Ireland, as he considers appropriate for the exercise of his functions.

Textual Amendments

F1 Words in s. 29(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 2(a) (with arts. 28-31)

F2 Words in s. 29(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 2(b) (with arts. 28-31)

F3 Words in s. 29 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2