4 Restrictions on the institution of proceedings for conspiracy.E+W
(1)Subject to subsection (2) below proceedings under section 1 above for conspiracy to commit any offence or offences shall not be instituted against any person except by or with the consent of the Director of Public Prosecutions if the offence or (as the case may be) each of the offences in question is a summary offence.
(2)In relation to the institution of proceedings under section 1 above for conspiracy to commit—
(a)an offence which is subject to a prohibition by or under any enactment on the institution of proceedings otherwise than by, or on behalf or with the consent of, the Attorney General, or
(b)two or more offences of which at least one is subject to such a prohibition,
subsection (1) above shall have effect with the substitution of a reference to the Attorney General for the reference to the Director of Public Prosecutions.
(3)Any prohibition by or under any enactment on the institution of proceedings for any offence which is not a summary offence otherwise than by, or on behalf or with the consent of, the Director of Public Prosecutions or any other person shall apply also in relation to proceedings under section 1 above for conspiracy to commit that offence.
(4)Where—
(a)an offence has been committed in pursuance of any agreement; and
(b)proceedings may not be instituted for that offence because any time limit applicable to the institution of any such proceedings has expired,
proceedings under section 1 above for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.
[F1(5)Subject to subsection (6) below, no proceedings for an offence triable by virtue of section 1A above may be instituted except by or with the consent of the Attorney General.
(6)The Secretary of State may by order provide that subsection (5) above shall not apply, or shall not apply to any case of a description specified in the order.
(7)An order under subsection (6) above—
(a)shall be made by statutory instrument, and
(b)shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.]
Textual Amendments
F1S. 4(5)-(7) added (4.9.1998) by 1998 c. 40, s. 5(2).