Prosecution of Offences Act 1985

Part I — The Crown Prosecution Service

Constitution and functions of Service

The Crown Prosecution Service

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• (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 who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) 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.

The Director of Public Prosecutions

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• (1) The Director of Public Prosecutions shall be appointed by the Attorney General.

• (2) The Director must be a person who has a ten year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.

• (3) There shall be paid to the Director such remuneration as the Attorney General may, with the approval of the Treasury, determine.

Functions of the Director

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• (1) The Director shall discharge his functions under this or any other enactment under the superintendence of the Attorney General.

• (2) It shall be the duty of the Director , subject to any provisions contained in the Criminal Justice Act 1987—

• (a) to take over the conduct of all criminal proceedings, other than specified proceedings, instituted on behalf of a police force (whether by a member of that force or by any other person);

• (aa) to take over the conduct of any criminal proceedings instituted by an immigration officer (as defined for the purposes of the Immigration Act 1971) acting in his capacity as such an officer;

• (ab) to take over the conduct of any criminal proceedings instituted in England and Wales by the Revenue and Customs;

• (ac) to take over the conduct of any criminal proceedings instituted on behalf of the National Crime Agency;

• (ad) to take over the conduct of any criminal proceedings instituted in England and Wales by the ICRIR;

• (b) to institute and have the conduct of criminal proceedings in any case where it appears to him that—

• (i) the importance or difficulty of the case makes it appropriate that proceedings should be instituted by him; or

• (ii) it is otherwise appropriate for proceedings to be instituted by him;

• (ba) to institute and have the conduct of any criminal proceedings in any case where the proceedings relate to the subject-matter of a report a copy of which has been sent to him under paragraph 23 or 24 of Schedule 3 to the Police Reform Act 2002 (c. 30)(reports on investigations into conduct of persons serving with the police);

• (bb) where it appears to him appropriate to do so, to institute and have the conduct of any criminal proceedings in England and Wales relating to a criminal investigation by the Revenue and Customs;

• (bc) where it appears to him appropriate to do so, to institute and have the conduct of any criminal proceedings relating to a criminal investigation by the National Crime Agency;

• (bd) where it appears to the Director appropriate to do so, to institute and have the conduct of any criminal proceedings in England and Wales relating to a review by the ICRIR;

• (c) to take over the conduct of all binding over proceedings instituted on behalf of a police force (whether by a member of that force or by any other person);

• (d) to take over the conduct of all proceedings begun by summons issued under section 3 of the Obscene Publications Act 1959 (forfeiture of obscene articles);

• (e) to give, to such extent as he considers appropriate, advice to police forces on all matters relating to criminal offences;

• (ea) to have the conduct of any extradition proceedings;

• (eb) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings;

• (ec) to give, to such extent as he considers appropriate, advice to immigration officers on matters relating to criminal offences;

• (ed) to give advice, to such extent as he considers appropriate and to such person as he considers appropriate, in relation to—

• (i) criminal investigations by the National Crime Agency, or

• (ii) criminal proceedings arising out of such investigations;

• (ee) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on matters relating to—

• (i) a criminal investigation by the Revenue and Customs; or

• (ii) criminal proceedings instituted in England and Wales relating to a criminal investigation by the Revenue and Customs;

• (ef) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on matters relating to—

• (i) a review by the ICRIR; or

• (ii) criminal proceedings instituted in England and Wales relating to a review by the ICRIR;

• (f) to appear for the prosecution, when directed by the court to do so, on any appeal under—

• (i) section 1 of the Administration of Justice Act 1960 (appeal from the High Court in criminal cases);

• (ii) Part I or Part II of the Criminal Appeal Act 1968 (appeals from the Crown Court to the criminal division of the Court of Appeal and thence to the Supreme Court); or

• (iii) section 108 of the Magistrates’ Courts Act 1980 (right of appeal to Crown Court) as it applies, by virtue of subsection (5) of section 12 of the Contempt of Court Act 1981, to orders made under section 12 (contempt of magistrates’ courts); . . .

• (fa) to have the conduct of applications for orders under Chapter 1 of Part 11 of the Sentencing Code (criminal behaviour orders made on conviction) and section 14A of the Football Spectators Act 1989 (banning orders made on conviction of certain offences);

• (faa) where it appears to him appropriate to do so, to have the conduct of applications made by him for orders under section 14B of the Football Spectators Act 1989 (banning orders made on complaint);

• (fb) where it appears to him appropriate to do so, to have the conduct of applications under section 336 of the Sentencing Code for the variation or discharge of orders made under Chapter 1 of Part 11 of that Code;

• (fc) where it appears to him appropriate to do so, to appear on any application under section 27 of that Act made by a person subject to an order under section 22 of that Act for the variation or discharge of the order.

• (fd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (fe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ff) to discharge such duties as are conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations);

• (fg) to have the conduct of applications for orders under section 19 of the Offensive Weapons Act 2019 (knife crime prevention orders made on conviction);

• (fh) to have the conduct of applications for orders under section 342A of the Sentencing Code (serious violence reduction orders);

• (fi) to have the conduct of applications for orders under section 20(1)(b) of the Public Order Act 2023 (serious disruption prevention orders on conviction);

• (g) to discharge such other functions as may from time to time be assigned to him by the Attorney General in pursuance of this paragraph.

• (2A) Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and—

• (a) in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person;

• (b) in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person’s extradition has been requested.

• (3) In this section—

• “the court” means—

• (a) in the case of an appeal to or from the criminal division of the Court of Appeal, that division;

• (b) in the case of an appeal from a Divisional Court of the Queen’s Bench Division, the Divisional Court; and

• (c) in the case of an appeal against an order of a magistrates’ court, the Crown Court;

• “ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

• “criminal investigation” means any process—for considering whether an offence has been committed;for discovering by whom an offence has been committed; oras a result of which an offence is alleged to have been committed;

• “police force” means any police force maintained by a local policing body . . . and any other body of constables for the time being specified by order made by the Secretary of State for the purposes of this section; and

• “specified proceedings” means proceedings which fall within any category for the time being specified by order made by the Attorney General for the purposes of this section.

• (3A) In this section a reference to the Revenue and Customs is a reference to—

• (a) the Commissioners for Her Majesty’s Revenue and Customs;

• (b) an officer of Revenue and Customs; or

• (c) a person acting on behalf of the Commissioners or an officer of Revenue and Customs.

• (4) The power to make orders under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Crown Prosecutors

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 88 of the Solicitors Act 1974 (which, amongst other things, provides that solicitors in public departments are not required to hold practising certificates) the following subsection shall be inserted after subsection (1)—

(1A) The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct of prosecutions on behalf of the Service

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• (1) The Director may at any time appoint a person who is not a Crown Prosecutor but who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) 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.

Prosecutions instituted and conducted otherwise than by the Service

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• (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.

Delivery of recognizances etc. to Director

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• (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.

• (2) The Attorney General may make regulations for the purpose of supplementing this section; and in subsection (1) above “prescribed” means prescribed by the regulations.

• (3) The Director or, as the case may be, Crown Prosecutor shall—

• (a) subject to the regulations, cause anything which is sent to him under subsection (1) above to be delivered to the appropriate officer of the Crown Court; and

• (b) be under the same obligation (on the same payment) to deliver to an applicant copies of anything so sent as that officer.

• (4) It shall be the duty of the designated officer for every magistrates' court to send to the Director, in accordance with the regulations, a copy of the information and of any depositions and other documents relating to any case in which—

• (a) a prosecution for an offence before the magistrates' court is withdrawn or is not proceeded with within a reasonable time;

• (b) the Director does not have the conduct of the proceedings; and

• (c) there is some ground for suspecting that there is no satisfactory reason for the withdrawal or failure to proceed.

Reports

Reports to Director by chief officers of police

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• (1) The Attorney General may make regulations requiring the chief officer of any police force to which the regulations are expressed to apply to give to the Director information with respect to every offence of a kind prescribed by the regulations which is alleged to have been committed in his area and in respect of which it appears to him that there is a prima facie case for proceedings.

• (2) The regulations may also require every such chief officer to give to the Director such information as the Director may require with respect to such cases or classes of case as he may from time to time specify.

Reports by Director to Attorney General

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• (1) As soon as practicable after 4th April in any year the Director shall make to the Attorney General a report on the discharge of his functions during the year ending with that date.

• (2) The Attorney General shall lay before Parliament a copy of every report received by him under subsection (1) above and shall cause every such report to be published.

• (3) The Director shall, at the request of the Attorney General, report to him on such matters as the Attorney General may specify.

Guidelines

Guidelines for Crown Prosecutors

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