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Version Superseded: 28/03/2011
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Serious Organised Crime and Police Act 2005, Section 60 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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, [F1and
(d)the Director of Public Prosecutions for Northern Ireland,]
in relation to the giving of disclosure notices in connection with the investigation of offences to which this Chapter applies [F2or 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.
[F3(4A)The Director of Public Prosecutions for Northern Ireland may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Public Prosecutor.]
(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 [F4,or
(d)the Director of Public Prosecutions for Northern Ireland.]
(6)But, in circumstances where the powers of any of those persons are exercisable by any other person by virtue of subsection (2), (3) [F5, (4) or (4A)], references to “the Investigating Authority” accordingly include any such other person.
[F6(7)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.]
Textual Amendments
F1S. 60(1)(d) and preceding word inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(2); S.I. 2006/2966, art. 3
F2Words in s. 60(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(1), 39(2); S.I. 2006/1013, art. 2(2)(b)
F3S. 60(4A) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(3); S.I. 2006/2966, art. 3
F4S. 60(5)(d) and preceding word inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(4); S.I. 2006/2966, art. 3
F5Words in s. 60(6) substituted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(5); S.I. 2006/2966, art. 3
F6S. 60(7) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(2), 39(2); S.I. 2006/1013, art. 2(2)(b)
Modifications etc. (not altering text)
C1Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3
Commencement Information
I1S. 60 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
I2S. 60 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
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