Part 2Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1Investigatory powers of DPP, etc.

Introductory

I2I160Investigatory powers of DPPetc.

1

This Chapter confers powers on—

a

the Director of Public Prosecutions,

b

the Director of Revenue and Customs Prosecutions, and

c

the Lord Advocate,

in relation to the giving of disclosure notices in connection with the investigation of offences to which this Chapter applies F1or in connection with a terrorist investigation.

2

The Director of Public Prosecutions may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Crown prosecutor.

3

The Director of Revenue and Customs Prosecutions may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Revenue and Customs Prosecutor.

4

The Lord Advocate may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a procurator fiscal.

5

In this Chapter “the Investigating Authority” means—

a

the Director of Public Prosecutions,

b

the Director of Revenue and Customs Prosecutions, or

c

the Lord Advocate.

6

But, in circumstances where the powers of any of those persons are exercisable by any other person by virtue of subsection (2), (3) or (4), references to “the Investigating Authority” accordingly include any such other person.

F27

In this Chapter “terrorist investigation” means an investigation of—

a

the commission, preparation or instigation of acts of terrorism,

b

any act or omission which appears to have been for the purposes of terrorism and which consists in or involves the commission, preparation or instigation of an offence, or

c

the commission, preparation or instigation of an offence under the Terrorism Act 2000 (c. 11) or under Part 1 of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act.