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Prosecution of Offences Act 1985
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Changes over time for: Section 4
Version Superseded: 31/07/2000
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- 01/02/1991- Amendment
- 22/08/1996
Point in time - 31/07/2000- Amendment
- 01/01/2010- Amendment
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Point in time view as at 22/08/1996. This version of this provision has been superseded.
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4 Crown Prosecutors.E+W
[F1(1)Crown Prosecutors shall continue to have the same rights of audience, in any court, as they had immediately before the coming into force of the Courts and Legal Services Act 1990.
(2)Subsection (1) is not to be taken as preventing those rights being varied or added to in accordance with the provisions of that Act.
(3)The Lord Chancellor may at any time direct, as respects one or more specified places where the Crown Court sits, that Crown Prosecutors, or such category of Crown Prosecutors as may be specified in the direction, may have rights of audience in the Crown Court.
(3A)Any such direction may be limited to apply only in relation to proceedings of a description specified in the direction.
(3B)In considering whether to exercise his powers under this section the Lord Chancellor shall have regard, in particular, to the need to secure the availability of persons with rights of audience in the court or proceedings in question.
(3C)Any direction under this section may be revoked by direction of the Lord Chancellor.
(3D)Any direction under this section may be subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient.
(3E)Any exercise by the Lord Chancellor of his powers to give a direction under this section shall be with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor.]
(4)In section 88 of the M1Solicitors Act 1974 (which, amongst other things, provides that solicitors in public departments are not required to hold practising certificates) the following subsection shall be inserted after subsection (1)—
“(1A)The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.”
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(6)In Schedule 2 to the Act of 1974 (the compensation fund), in paragraph 2, for the words “sub-paragraph (2) ” there shall be substituted the words “sub-paragraphs (2) and (2A) ” and after sub-paragraph (2) there shall be inserted the following sub-paragraph—
“(2A)Sub-paragraph (1) above shall not apply to any solicitor who is a Crown Prosecutor.”
Textual Amendments
F1S. 4(1)–(3E) substituted for s. 4(1)—(3) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 51
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