Part 18Commanding Officer and Other Persons with Functions under Act

Service Prosecuting Authority

365Prosecuting officers

1

The Director of Service Prosecutions (“the Director”) may appoint officers to be prosecuting officers.

2

An officer may be appointed as a prosecuting officer only if he—

a

has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

b

is an advocate or solicitor in Scotland;

c

is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

d

has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

3

A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.

4

A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.

5

In this section “relevant territory” has the same meaning as in section 364.