Page:Prosecution of Offences Act 1985.pdf/9

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Guidelines

10. (1) The Director shall issue a Code for Crown Prosecutors giving guidance on general principles to be applied by them―
 * (a) in determining, in any case―
 * (i) whether proceedings for an offence should be instituted or, where proceedings have been instituted, whether they should be discontinued; or
 * (ii) what charges should be preferred; and
 * (b) in considering, in any case, representations to be made by them to any magistrates’ court about the mode of trial suitable for that case.

(2) The Director may from time to time make alterations in the Code.

(3) The provisions of the Code shall be set out in the Director’s report under section 9 of this Act for the year in which the Code is issued; and any alteration in the Code shall be set out in his report under that section for the year in which the alteration is made. Transfer of staff, etc.

11.—(1) The Attorney General may, with the approval of the Treasury, by regulations make such provision as he considers appropriate in relation to the transfer to the staff of the Director of such persons employed by any authority wholly or mainly in connection with the discharge of prosecution functions as may be specified in the regulations.

(2) The regulations may, in particular, make provision―
 * (a) as to the method by which any staff or group of staff are transferred;
 * (b) as to the terms and conditions of the transfer; and
 * (c) for the termination of the employment with the authorities concerned of persons to whom the regulations apply (whether or not they are transferred in accordance with the regulations) and as to the consequences of that termination;

and (without prejudice to section 29(2) of this Act) may make different provision with respect to staff employed in different areas.

(3) The regulations may include provision for the determination of questions arising under them and may make such modifications in the application of any enactment as the Attorney General considers appropriate in connection with any provision of the regulations of a kind mentioned in subsection (2)(c) above. A4