Page:Prosecution of Offences Act 1985.pdf/30

28c. 23

(7) An order made under section 42 before the commencement of this section and in force at the time of that commencement shall, for the purposes of that section as amended by this section, be treated as a civil proceedings order.

25.—(1) This section applies to any enactment which prohibits the institution or carrying on of proceedings for any offence except—
 * (a) with the consent (however expressed) of a Law Officer of the Crown or the Director; or
 * (b) where the proceedings are instituted or carried on by or on behalf of a Law Officer of the Crown or the Director;

and so applies whether or not there are other exceptions to the prohibition (and in particular whether or not the consent is an alternative to the consent of any other authority or person).

(2) An enactment to which this section applies—
 * (a) shall not prevent the arrest without warrant, or the issue or execution of a warrant for the arrest, of a person for any offence, or the remand in custody or on bail of a person charged with any offence; and
 * (b) shall be subject to any enactment concerning the apprehension or detention of children or young persons.

(3) In this section “enactment” includes any provision having effect under or by virtue of any Act; and this section applies to enactments whenever passed or made.

26. Any document purporting to be the consent of a Law Officer of the Crown, the Director or a Crown Prosecutor for, or to—
 * (a) the institution of any criminal proceedings; or
 * (b) the institution of criminal proceedings in any particular form;

and to be signed by a Law Officer of the Crown, the Director or, as the case may be, a Crown Prosecutor shall be admissible as prima facie evidence without further proof.

27. In section 3(2) of the Children and Young Persons Act 1969 (care proceedings alleging commission of offence by child or young person to be brought only by local authority or constable), after the word “constable” there shall be inserted the words “and, in the case of proceedings brought by a constable, the Director of Public Prosecutions has consented to the allegation being made”.

28. Section 9 of the Perjury Act 1911 (which gives certain judicial authorities power to order the prosecution of persons for perjury) shall cease to have effect.