Page:Prosecution of Offences Act 1985.pdf/14

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12c. 23
Prosecution of Offences Act 1985

Part I

(11) Any question arising under this section shall, in the event of disagreement between the Secretary of State and the authority, be determined by such person as may be appointed for the purpose—

(a) by the Secretary of State, with the agreement of the authority; or
(b) failing that agreement, by the Lord Chancellor.

(12) Where the premises were provided jointly by two or more authorities, the obligations imposed by this section shall be shared among them in a way corresponding to that in which they provided the premises in connection with the discharge of prosecution functions.

(13) In this section—

“police authority”, in relation to the metropolitan police. district, means the Receiver for the Metropolitan Police District; and
“transfer date”, in relation to any prosecution functions, means the date on which the staff in question were transferred to the staff of the Director.

Miscellaneous

Control of certain fees and expenses etc. paid by the Service. 14.—(1) The Attorney General may, with the approval of the Treasury, by regulations make such provision as he considers appropriate in relation to—

(a) the fees of counsel briefed to appear on behalf of the Service in any criminal proceedings; and
(b) the costs and expenses of witnesses attending to give. evidence at the instance of the Service.

(2) The regulations may, in particular―

(a) prescribe scales or rates of fees, costs or expenses; and
(b) specify conditions for the payment of fees, costs or expenses.

Interpretation of Part I. 15.—(1) In this Part—

“binding over proceedings” means any proceedings instituted (whether by way of complaint under section 115 of the 1980 c. 43.Magistrates’ Courts Act 1980 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour;
“Director” means the Director of Public Prosecutions;
“police force” has the same meaning as in section 3 of this Act;
“prosecution functions” means functions which by virtue of this Part become functions of the Director;