SCHEDULES
SCHEDULE 1
The Serious Fraud Office
General
1. There shall be paid to the Director of the Serious Fraud Office such remuneration as the Attorney General may, with the approval of the Treasury, determine.
2. The Director shall appoint such staff for the Serious Fraud Office 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.—(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 sub-paragraph (1) above and shall cause every such report to be published.
Procedure
4.—(1) Where any enactment (whenever passed) prohibits the taking of any step—
- (a) except by the Director of Public Prosecutions or except by him or another; or
- (b) without the consent of the Director of Public Prosecutions or without his consent or the consent of another,
it shall not prohibit the taking of any such step by the Director of the Serious Fraud Office.
(2) In this paragraph references to the Director of Public Prosecutions include references to the Director of Public Prosecutions for Northern Ireland.
5.—(1) Where the Director has the conduct of any criminal proceedings in England and Wales, the Director of Public Prosecutions shall not in relation to those proceedings be subject to any duty by virtue of section 3(2) of the 1985 c. 23.prosecution of Offences Act 1985.
(2) Where the Director has the conduct of any criminal proceedings in Northern Ireland, the Director of Public Prosecutions for Northern Ireland shall not in relation to those proceedings be required to exercise any function under Article 5 of the S.I. 1972 No. 538 (N.I. 1).Prosecution of Offences (Northern Ireland) Order 1972.
6.—(1) Where the Director or any member of the Serious Fraud Office designated for the purposes of section 1(4) above (“designated official”) gives notice to any justice of the peace that he has instituted, or is conducting, any criminal proceedings in England and Wales, 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) Where the Director or any designated official gives notice that he has instituted, or is conducting, any criminal proceedings in Northern Ireland—