Prosecution of Offences Act 1985
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Change 1
5 Conduct of prosecutions on behalf of the Service.
(1) The Director may at any time appoint a person who is not a Crown Prosecutor ... to institute or take over the conduct of such criminal proceedings or extradition proceedings as the Director may assign to him. (1A) The Director may at any time appoint such a person— (a) to exercise a function of the Director under section 3(2)(ab) or (bb) in relation to a class or description of criminal proceedings specified in the appointment; (b) to exercise a function of the Director under section 3(2)(ee) in relation to— (i) such criminal proceedings as are specified in the appointment, or (ii) a class or description of criminal proceedings specified in the appointment; or (c) to appear in— (i) Revenue and Customs cash recovery proceedings specified in the appointment, or (ii) a class or description of Revenue and Customs cash recovery proceedings specified in the appointment. (1B) In subsection (1A)— “Revenue and Customs cash recovery proceedings” means proceedings in which the Director or a Crown Prosecutor would otherwise appear by virtue of section 302A(2) of the Proceeds of Crime Act 2002 (cash recovery proceedings relating to revenue and customs matters). (2) Any person conducting proceedings assigned to him under subsection (1) or exercising functions by virtue of an appointment made under subsection (1A) 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. (3) Nothing in this section confers on a person appointed under subsection (1) 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). (4) 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).
5 Conduct of prosecutions on behalf of the Service.
(1) The Director may at any time appoint a person who is not a Crown Prosecutor ... to institute or take over the conduct of such criminal proceedings or extradition proceedings as the Director may assign to him. (1A) The Director may at any time appoint such a person— (a) to exercise a function of the Director under section 3(2)(ab) or (bb) in relation to a class or description of criminal proceedings specified in the appointment; (b) to exercise a function of the Director under section 3(2)(ee) in relation to— (i) such criminal proceedings as are specified in the appointment, or (ii) a class or description of criminal proceedings specified in the appointment; or (c) to appear in— (i) Revenue and Customs cash recovery proceedings specified in the appointment, or (ii) a class or description of Revenue and Customs cash recovery proceedings specified in the appointment. (1B) In subsection (1A)— “Revenue and Customs cash recovery proceedings” means proceedings in which the Director or a Crown Prosecutor would otherwise appear by virtue of section 302A(2) of the Proceeds of Crime Act 2002 (cash recovery proceedings relating to revenue and customs matters). (2) Any person conducting proceedings assigned to him under subsection (1) or exercising functions by virtue of an appointment made under subsection (1A) 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. (3) Nothing in this section confers on a person appointed under subsection (1) 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). (4) 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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