Prosecution of Offences Act 1985
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Change 1
1 The Crown Prosecution Service.
(1) There shall be a prosecuting service for England and Wales (to be known as the “Crown Prosecution Service ”) consisting of— (a) the Director of Public Prosecutions, who shall be head of the Service; (b) the Chief Crown Prosecutors, designated under subsection (4) below, each of whom shall be the member of the Service responsible to the Director for supervising the operation of the Service in his area; and (c) the other staff appointed by the Director under this section. (2) The Director shall appoint such staff for the Service as, with the approval of the Treasury as to numbers, remuneration and other terms and conditions of service, he considers necessary for the discharge of his functions. (3) The Director may designate any member of the Service ... for the purposes of this subsection, and any person so designated shall be known as a Crown Prosecutor. (4) The Director shall divide England and Wales into areas and, for each of those areas, designate a Crown Prosecutor for the purposes of this subsection and any person so designated shall be known as a Chief Crown Prosecutor. (5) The Director may, from time to time, vary the division of England and Wales made for the purposes of subsection (4) above. (6) Without prejudice to any functions which may have been assigned to him in his capacity as a member of the Service, every Crown Prosecutor shall have all the powers of the Director as to the institution and conduct of proceedings but shall exercise those powers under the direction of the Director. (7) Where any enactment (whenever passed)— (a) prevents any step from being taken without the consent of the Director or without his consent or the consent of another; or (b) requires any step to be taken by or in relation to the Director; any consent given by or, as the case may be, taken by or in relation to, a Crown Prosecutor shall be treated, for the purposes of that enactment, as given by or, as the case may be, taken by or in relation to the Director. (8) Nothing in this section confers on a person designated for the purposes of subsection (3) who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)— (a) any rights of audience, or (b) any right to conduct litigation, for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities). (9) The following provisions of the Legal Services Act 2007 accordingly do not apply to such a person— (a) paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and (b) paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).
1 The Crown Prosecution Service.
(1) There shall be a prosecuting service for England and Wales (to be known as the “Crown Prosecution Service ”) consisting of— (a) the Director of Public Prosecutions, who shall be head of the Service; (b) the Chief Crown Prosecutors, designated under subsection (4) below, each of whom shall be the member of the Service responsible to the Director for supervising the operation of the Service in his area; and (c) the other staff appointed by the Director under this section. (2) The Director shall appoint such staff for the Service as, with the approval of the Treasury as to numbers, remuneration and other terms and conditions of service, he considers necessary for the discharge of his functions. (3) The Director may designate any member of the Service ... for the purposes of this subsection, and any person so designated shall be known as a Crown Prosecutor. (4) The Director shall divide England and Wales into areas and, for each of those areas, designate a Crown Prosecutor for the purposes of this subsection and any person so designated shall be known as a Chief Crown Prosecutor. (5) The Director may, from time to time, vary the division of England and Wales made for the purposes of subsection (4) above. (6) Without prejudice to any functions which may have been assigned to him in his capacity as a member of the Service, every Crown Prosecutor shall have all the powers of the Director as to the institution and conduct of proceedings but shall exercise those powers under the direction of the Director. (7) Where any enactment (whenever passed)— (a) prevents any step from being taken without the consent of the Director or without his consent or the consent of another; or (b) requires any step to be taken by or in relation to the Director; any consent given by or, as the case may be, taken by or in relation to, a Crown Prosecutor shall be treated, for the purposes of that enactment, as given by or, as the case may be, taken by or in relation to the Director. (8) Nothing in this section confers on a person designated for the purposes of subsection (3) who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)— (a) any rights of audience, or (b) any right to conduct litigation, for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities). (9) The following provisions of the Legal Services Act 2007 accordingly do not apply to such a person— (a) paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and (b) paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).
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