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Part I E+W The Crown Prosecution Service

Constitution and functions of ServiceE+W

[F17A Powers of non-legal staff.E+W

(1)The Director may designate, for the purposes of this section, members of the staff of the Crown Prosecution Service who are not Crown Prosecutors.

(2)Subject to such exceptions (if any) as may be specified in the designation, a person so designated shall have such of the following as may be so specified, namely—

(a)the powers and rights of audience of a Crown Prosecutor in relation to—

(i)applications for, or relating to, bail in criminal proceedings;

(ii)the conduct of criminal proceedings in magistrates’ courts other than trials [F2of offences triable either way or offences which are punishable with imprisonment in the case of persons aged 21 or over];

[F3(iii)the conduct of applications or other proceedings relating to preventative civil orders;

(iv)the conduct of proceedings (other than criminal proceedings) in, or in connection with, the discharge of functions assigned to the Director under section 3(2)(g) above.]

[F4(b)any powers of a Crown Prosecutor that do not involve the exercise of such rights of audience as are mentioned in paragraph (a) above but are exercisable in relation to the conduct of—

(i)criminal proceedings in magistrates' courts, or

(ii)applications or proceedings falling within paragraph (a)(iii) or (iv).]

(3)A person so designated shall exercise any such powers subject to instructions given to him by the Director.

(4)Any such instructions may be given so as to apply generally.

[F5(5)In this section—

(5A)For the purposes of this section a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.]

F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Details of the following for any year, namely—

(a)the criteria applied by the Director in determining whether to designate persons under this section;

(b)the training undergone by persons so designated; and

(c)any general instructions given by the Director under subsection (4) above,

shall be set out in the Director’s report under section 9 of this Act for that year.]

[F7(8)As from 1 May 2011 nothing in this section confers on persons designated under this section—

(a)any rights of audience, or

(b)any right to conduct litigation,

for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities).

(9)As from that date the following provisions of that Act accordingly do not apply to persons designated under this section—

(a)paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and

(b)paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).

(10)The Attorney General may by order make such modifications in the application of any enactment (including this section) in relation to persons designated under this section as the Attorney General considers appropriate in consequence of, or in connection with, the matters provided for by subsections (8) and (9).

(11)The Attorney General may also by order amend subsection (2)(a)(ii) so as to omit the words “or offences which are punishable with imprisonment in the case of persons aged 21 or over”.

(12)The power to make an order under subsection (10) or (11) is exercisable by statutory instrument, but a statutory instrument containing such an order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F1S. 7A substituted (30.9.1998) by 1998 c. 37, s.53; S.I. 1998/2327, art. 2(1)(n).