Page:Prosecution of Offences Act 1985.pdf/6

4c. 23

(3) In this section—
 * “the court” means
 * (a) in the case of an appeal to or from the criminal division of the Court of Appeal, that division;
 * (b) in the case of an appeal from a Divisional Court of the Queen’s Bench Division, the Divisional Court; and
 * (c) in the case of an appeal against an order of a magistrates’ court, the Crown Court;
 * “police force” means any police force maintained by a police authority under the Police Act 1964 and any other body of constables for the time being specified by order made by the Secretary of State for the purposes of this section; and
 * “specified proceedings” means proceedings which fall within any category for the time being specified by order made by the Attorney General for the purposes of this section.

(4) The power to make orders under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

4.—(1) Crown Prosecutors shall have, in any court, the rights of audience enjoyed by solicitors holding practising certificates and shall have such additional rights of audience in the Crown Court as may be given by virtue of subsection (3) below.

(2) The reference in subsection (1) above to rights of audience enjoyed in any court by solicitors includes a reference to rights enjoyed in the Crown Court by virtue of any direction given by the Lord Chancellor under section 83 of the Supreme Court Act 1981.

(3) For the purpose of giving Crown Prosecutors additional rights of audience in the Crown Court, the Lord Chancellor may give any such direction as respects Crown Prosecutors as he could give under section 83 of the Act of 1981 in respect of solicitors.

(4) In section 88 of the Solicitors Act 1974 (which, amongst other things, provides that solicitors in public departments are not required to hold practising certificates) the following subsection shall be inserted after subsection (1)—
 * “(1A) The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.”