Justice (Northern Ireland) Act 2002

37 Code for Prosecutors N.I.

(1) The Director must prepare a code of practice for—

(a) Public Prosecutors, and

(b) barristers and solicitors to whom the Director assigns the institution or conduct of criminal proceedings.

(2) The code must include a code of ethics laying down standards of conduct and practice.

(3) The code must also give guidance on general principles to be applied—

(a) in determining, in any case, whether criminal proceedings should be instituted or, where criminal proceedings have been instituted, whether they should be discontinued, and

(b) in determining, in any case, what charges should be preferred.

(4) The Director may from time to time prepare a new code or make alterations to a code.

(5) In preparing or making alterations to a code the Director must be guided by the general principles of the Guidelines on the Role of Prosecutors adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana between 27th August and 7th September 1990.

[F1 (5A) In preparing or making alterations to a code the Director must also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004.]

(6) The Director must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).

Textual Amendments

F1 S. 37(5A) inserted (1.2.2006) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 8(7), 19(1) (with s. 8(8)); S.R. 2005/282, art. 5

Modifications etc. (not altering text)

C1 S. 37(4) modified (1.3.2008) by Serious Crime Act 2007 (c. 27), ss. 37, 94, Sch. 2 para. 18; S.I. 2008/219, art. 3