Prosecution of Offences Act 1985

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28 Repeal of s. 9 of Perjury Act 1911.

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29 Regulations.

(1) A power to make regulations under this Act is exercisable by statutory instrument. (1A) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (1B). (1B) A statutory instrument containing (whether alone or with other provision) regulations under section 16A(6) or 19(4B) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (2) Regulations under this Act may make different provisions with respect to different cases or classes of case.

30 Expenses.

(1) There shall be paid out of money provided by Parliament such sums as the Attorney General may, with the consent of the Treasury, direct in respect of the expenditure incurred by the Director of Public Prosecutions in the discharge of his functions under this Act. (2) Any expenditure incurred by the Secretary of State or the Attorney General which is attributable to this Act shall be payable out of money provided by Parliament.

31 Short title, commencement and extent etc.

(1) This Act may be cited as the Prosecution of Offences Act 1985. (2) The following provisions of this Act come into force on its passing— (a) this Part (other than subsections (5) and (6) below); (b) sections 11 to 13; and (c) section 15, so far as it applies in relation to sections 11 to 13; and the remaining provisions of this Act shall come into force on such day as the Lord Chancellor or Secretary of State may by order made by statutory instrument appoint. (3) An order under subsection (2) above may— (a) appoint different days for different purposes and in relation to proceedings instituted in different areas; and (b) contain such transitional and supplementary provisions as appear to the Lord Chancellor or, as the case may be, Secretary of State to be necessary or expedient. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Schedule 1 to this Act shall have effect for the purpose of making minor and consequential amendments in other enactments. (6) The enactments specified in Schedule 2 to this Act (which include certain provisions which are already spent) are hereby repealed to the extent set out in the third column of that Schedule. (7) This Act does not extend to Scotland or Northern Ireland.

SCHEDULE 1 Minor and Consequential Amendments

Section 31(5). Part I Amendments Relating to Part I The Magistrates’ Courts Act 1980 (c. 43) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In section 19 of that Act (in cases triable either way, court to begin by considering which mode of trial appears more suitable) the following subsection shall be added at the end— (5) The power of the Director of Public Prosecutions under subsection (4) above to apply for an offence to be tried on indictment shall not be exercised except with the consent of the Attorney General. 3 In section 25 of that Act (power to change from summary trial to committal proceedings and vice versa), in subsection (3) before the word “proceed ” there shall be inserted “subject to subsection (3A) below ” and after subsection (3) there shall be inserted the following subsection— (3A) Where the prosecution is being carried on by the Attorney General or the Solicitor General, the court shall not exercise the power conferred by subsection (3) above without his consent and, where the prosecution is being carried on by the Director of Public Prosecutions, shall not exercise that power if the Attorney General directs that it should not be exercised. The Contempt of Court Act 1981 (c. 49) 4 In paragraph 7 of Schedule 1 to the Contempt of Court Act 1981 (meaning of “discontinuance ” in relation to criminal proceedings), the following sub-paragraph shall be inserted after sub-paragraph (a)— (aa) in England and Wales, if they are discontinued by virtue of section 23 of the Prosecution of Offences Act 1985; . 5 After paragraph 9 of Schedule 1 to that Act there shall be inserted the following paragraph— 9A Where proceedings in England and Wales have been discontinued by virtue of section 23 of the Prosecution of Offences Act 1985, but notice is given by the accused under subsection (7) of that section to the effect that he wants the proceedings to continue, they become active again with the giving of that notice. Part II Amendments Relating to Part II The Criminal Justice Act 1967 (c. 80) 6 In section 32 of the Criminal Justice Act 1967 (which provides that the costs of a medical practitioner reporting to a court are to be recoverable as witness costs), in subsection (2)— (a) the words from “and ”, where it first appears, to “funds ”, and the words from “and ”, where it next appears, to the end of the subsection, shall be omitted; and (b) for the words “they apply ” there shall be substituted “it applies ”. The Administration of Justice Act 1970 (c. 31) 7 (1) Schedule 9 to the Administration of Justice Act 1970 shall be amended as follows. (2) After paragraph 1 there shall be inserted— 1A Where a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. (3) In paragraph 4, for the words “orders him to pay the whole or part of the costs incurred in or about the prosecution and conviction ” there shall be substituted “makes an order as to costs to be paid by him ”. (4) After paragraph 4 there shall be inserted— 4A Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. (5) For paragraphs 6 and 7 there shall be substituted the following— 6 Where the criminal division of the Court of Appeal makes an order as to costs to be paid by— (a) an appellant; (b) an applicant for leave to appeal to that court; or (c) in the case of an application for leave to appeal to the House of Lords, an applicant who was the appellant before the criminal division. . (6) In paragraph 9, for “section 18 of the Costs in Criminal Cases Act 1973 ” there shall be substituted “regulations made under section 19(5) of the Prosecution of Offences Act 1985 ”. (7) For paragraph 13 there shall be substituted the following— 13 Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. (8) Paragraph 15 shall be omitted. (9) After paragraph 16 there shall be inserted— Costs awarded by Court of Appeal (criminal division) 16A Where the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the House of Lords, an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985. The Criminal Justice Act 1972 (c. 71) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Senior Courts Act 1981 (c. 54) 9 In section 52(3) of the Senior Courts Act 1981 (ambit of Crown Court rules in relation to awards of costs) for the words “Costs in Criminal Cases Act 1973 ” there shall be substituted “Part II of the Prosecution of Offences Act 1985 ” and for the words from “is ” to the end of the subsection there shall be substituted “in relation to costs of proceedings in the Crown Court, is contained in section 18 of that Act or in regulations made under section 19 of that Act (awards of party and party costs in criminal proceedings) ”. 10 In section 52(4) of that Act, for the words “Costs in Criminal Cases Act 1973 ” there shall be substituted “Part II of the Prosecution of Offences Act 1985 ”.

SCHEDULE 2 Repeals

Section 31(6). Chapter | Short title | Extent of repeal 1911 c. 6. | The Perjury Act 1911. | Section 9. 1915 c. 90. | The Indictments Act 1915. | In section 5, in subsection (1) the words from “and may make such order ” to the end and in paragraph (c) of subsection (5), the words “as to costs and ”. Section 6. 1933 c. 36. | The Administration of Justice (Miscellaneous Provisions) Act 1933. | In section 2(2)(b), the words from “or pursuant ” to “Act 1911 ”. 1966 c. 34. | The Industrial Development Act 1966. | In section 8(12), the words “the Director of Public Prosecutions ”. 1967 c. 80. | The Criminal Justice Act 1967. | In section 32(2), the words from “and ” where it first appears to “funds ” and from “and ” where it next appears to the end. 1968 c. 19. | The Criminal Appeal Act 1968. | In Schedule 2, paragraph 3. 1968 c. 73. | The Transport Act 1968. | In paragraph 10 of Schedule 8, the words “the Director of Public Prosecutions ”. 1970 c. 31. | The Administration of Justice Act 1970. | In Schedule 9, paragraph 15. 1972 c. 68. | The European Communities Act 1972. | In section 11(1), the words “in England or Wales or ” and “section 9 of the Perjury Act 1911 or ”. 1973 c. 14. | The Costs in Criminal Cases Act 1973. | The whole Act. 1973 c. 15. | The Administration of Justice Act 1973. | Section 17. 1976 c. 63. | The Bail Act 1976. | In Schedule 2, paragraph 6. 1979 c. 31. | The Prosecution of Offences Act 1979. | The whole Act. 1980 c. 43. | The Magistrates’ Courts Act 1980. | In section 25(3), the words from “but ” to the end. Section 30(3). 1981 c. 54. | The Senior Courts Act 1981 . | In section 77, in subsection (1) the words “and the maximum ” and, in subsection (2), paragraph (b) and the word “and ” before it. 1982 c. 44. | The Legal Aid Act 1982. | In section 13, subsections (1) to (4). 1983 c. 2. | The Representation of the People Act 1983. | In section 181, subsections (4) and (8).