SCHEDULE 1Amendments of the POA 1985 and the CRCA 2005

PART 1The POA 1985

3

1

Section 5 (conduct of prosecutions on behalf of the CPS by a person appointed by the DPP) is amended as follows.

2

After subsection (1) insert—

1A

The Director may at any time appoint such a person—

a

to exercise a function of the Director under section 3(2)(ab) or (bb) in relation to a class or description of criminal proceedings specified in the appointment;

b

to exercise a function of the Director under section 3(2)(ee) in relation to—

i

such criminal proceedings as are specified in the appointment, or

ii

a class or description of criminal proceedings specified in the appointment; or

c

to appear in—

i

Revenue and Customs cash recovery proceedings specified in the appointment, or

ii

a class or description of Revenue and Customs cash recovery proceedings specified in the appointment.

1B

In subsection (1A)—

  • “Revenue and Customs cash recovery proceedings” means proceedings in which the Director or a Crown Prosecutor would otherwise appear by virtue of section 302A(2) of the Proceeds of Crime Act 200211 (cash recovery proceedings relating to revenue and customs matters).

3

In subsection (2), for “this section” substitute “subsection (1) or exercising functions by virtue of an appointment made under subsection (1A)”.