Page:Prosecution of Offences Act 1985.pdf/7

Rh

(5) In section 11 of the Act of 1974 (fees payable on issue of practising certificates), the following subsection shall be inserted after subsection (2)—
 * “(2A) An order under subsection (1) may specify reduced fees for practising certificates which are issued to solicitors who are Crown Prosecutors.”

(6) In Schedule 2 to the Act of 1974 (the compensation fund), in paragraph 2, for the words “sub-paragraph (2)” there shall be substituted the words “sub-paragraphs (2) and (2A)” and after sub-paragraph (2) there shall be inserted the following sub-paragraph—
 * “(2A) Sub-paragraph (1) above shall not apply to any solicitor who is a Crown Prosecutor.”

5.—(1) The Director may at any time appoint a person who is not a Crown Prosecutor but who is—
 * (a) a solicitor; or
 * (b) a barrister who is a member of the staff of a public authority;

to institute or take over the conduct of such criminal proceedings as the Director may assign to him.

(2) Any person conducting proceedings assigned to him under this section shall have all the powers of a Crown Prosecutor but shall exercise those powers subject to any instructions given to him by a Crown Prosecutor.

6.—(1) Subject to subsection (2) below, nothing in this Part shall preclude any person from instituting any criminal proceedings or conducting any criminal proceedings to which the Director’s duty to take over the conduct of proceedings does not apply.

(2) Where criminal proceedings are instituted in circumstances in which the Director is not under a duty to take over their conduct, he may nevertheless do so at any stage.

7.—(1) Where the Director or any Crown Prosecutor gives notice to any justice of the peace that he has instituted, or is conducting, any criminal proceedings, the justice shall—
 * (a) at the prescribed time and in the prescribed manner; or
 * (b) in a particular case, at the time and in the manner directed by the Attorney General;

send him every recognizance, information, certificate, deposition, document and thing connected with those proceedings which the justice is required by law to deliver to the appropriate officer of the Crown Court. A3