Commissioners for Revenue and Customs Act 2005

39 Designation of non-legal staff U.K.

(1) The Director may designate a member of the Office—

(a) to conduct summary bail applications, and

(b) to conduct other ancillary magistrates' criminal proceedings.

(2) In carrying out a function for which he is designated under this section an individual shall have the same powers and rights of audience as a Prosecutor.

(3) In subsection (1)—

(a) “summary bail application” means an application for bail made in connection with an offence—

(i) which is not triable only on indictment, and

(ii) in respect of which the accused has not been sent to the Crown Court for trial, and

(b) “ancillary magistrates' criminal proceedings” means criminal proceedings other than trials in a magistrates' court.

(4) An individual designated under this section shall act in accordance with any instructions of—

(a) the Director, or

(b) a Prosecutor.

Commencement Information

I1 S. 39 in force at 7.4.2005 by S.I. 2005/1126, art. 2(1)