Relationship of Director and Attorney General
Section 40: Superintendence and removal of Director
75.This section sets out the relationship between the Director and the Attorney General prior to devolution and the appointment of a local Attorney under section 22. This reflects the current relationship between the Director and the Attorney.
Section 41: Transfer of functions etc.
76.This section sets out the changes to the functions of the Attorney General that will occur on devolution. Subsection (2) will end the ability of the Attorney General to consent to prosecutions for certain, specified offences. The power to consent to those prosecutions will be split between the Director of Public Prosecutions for Northern Ireland and the Advocate General for Northern Ireland (with the offences for which the Advocate General’s consent is required set out in paragraphs 24 to 36 of Schedule 7).
77.Subsection (3) will allow the Director, rather than the Attorney General for Northern Ireland, to stop a prosecution by means of entering a nolle prosequi. This allows proceedings upon indictment to be halted at any time before judgment. It is now usually directed to be entered in cases where the accused person cannot be produced in court to plead or stand trial owing to physical or mental incapacity which is expected to be permanent. A nolle prosequi puts an end to the prosecution but does not operate as a bar or discharge or an acquittal on the merits and the party remains liable to be re-indicted.
78.Subsection (4) will remove the power of the Attorney General to present a Bill of Indictment so as to obtain trial before the Crown Court without the necessity of committal proceedings. Subsection (5) will allow the Director, rather than the Attorney General for Northern Ireland, to appeal where he feels that a sentence handed down by a court is unduly lenient. Subsection (6) will allow the Director to refer a point of law to the Court of Appeal following an acquittal on indictment.
Section 42: Independence of Director
79.This section sets out the arrangements for consultation and advice between the Director of Public Prosecutions, the Attorney General for Northern Ireland and the Advocate General for Northern Ireland after the devolution of justice functions to the Northern Ireland Assembly. It includes (in subsection (1)) a statutory declaration of the independence of the Director of Public Prosecutions in the exercise of his functions. Subsections (5) to (7) deal with the publication of the Director’s annual report.
Section 43: Appointment and removal of Director by Attorney General
80.This section sets out the appointment and removal criteria for the Director and Deputy Director after devolution. As the Director will be carrying out some prosecutions that fall within the area of responsibility of the Advocate General for Northern Ireland, the Attorney General for Northern Ireland will have to consult him before making an appointment (subsection (1)). The Director and Deputy Director can only be suspended or dismissed on the recommendation of a tribunal convened under subsection (4) (see subsection (2)). The membership of such a tribunal is set out at subsection (5). The tribunal will be convened by the Attorney General for Northern Ireland, after consulting the Advocate General for Northern Ireland, and its members will be chosen by the Lord Chancellor (see subsections (4) and (6)).
