Prosecution of Offences Act 1985 (c. 23)

Part IE+W The Crown Prosecution Service

MiscellaneousE+W

15 Interpretation of Part I.E+W

(1)In this Part—

“binding over proceedings ” means any proceedings instituted (whether by way of complaint under section 115 of the M1Magistrates’ Courts Act 1980 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour;
“Director ” means the Director of Public Prosecutions;
[F1“extradition proceedings” means proceedings under the Extradition Act 2003;]
[F2“legal representative ” means [F3a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);]]
“police force ” has the same meaning as in section 3 of this Act;
“prosecution functions ” means functions which by virtue of this Part become functions of the Director;
“public authority ” has the same meaning as in section 17 of this Act;
[F4[F5“ relevant prosecutor ”], “requisition” [F6, “single justice procedure notice”] and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003;]
“Service ” means the Crown Prosecution Service; [F7 . . .
F7 . . ..]

(2)For the purposes of this Part, proceedings in relation to an offence are instituted—

(a)where a justice of the peace issues a summons under section 1 of the M2Magistrates’ Courts Act 1980, when the information for the offence is laid before him;

(b)where a justice of the peace issues a warrant for the arrest of any person under that section, when the information for the offence is laid before him;

[F8(ba)where a [F9relevant prosecutor] issues a written charge and requisition for the offence, when the written charge and requisition are issued;]

[F10(bb)where a relevant prosecutor issues a written charge and single justice procedure notice, when the written charge and single justice procedure notice are issued;]

(c)where a person is charged with the offence after being taken into custody without a warrant, when he is informed on the particulars of the charge;

(d)where a bill of indictment is preferred under section 2 of the M3Administration of Justice (Miscellaneous Provisions) Act 1933 in a case falling within paragraph (b) [F11or (ba)] of subsection (2) of that section, when the bill of indictment is preferred before the court;

and where the application of this subsection would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times.

(3)For the purposes of this Part, references to the conduct of any proceedings include references to the proceedings being discontinued and to the taking of any steps (including the bringing of appeals and making of representations in respect of applications for bail) which may be taken in relation to them.

(4)For the purposes of sections 3(2)(b), 5, 6 [F12, 7(1) and 7A] of this Act, binding over proceedings shall be taken to be criminal proceedings.

(5)For the purposes of section 5 of this Act, proceedings begun by summons issued under section 3 of the M4Obscene Publications Act 1959 (forfeiture of obscene articles) shall be taken to be criminal proceedings.

(6)The functions which become functions of the Director by virtue of this Part shall [F13not be treated as transferred functions] for the purposes of paragraph 1(2) of Schedule 3 to the M5Pensions (Increase) Act 1971 (meaning of “last employing authority ”).

F14(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Definition in s. 15(1) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(6), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))