Part I
- “public authority” has the same meaning as in section 17 of this Act;
- “Service” means the Crown Prosecution Service; and
- “solicitor” means a solicitor of the Supreme Court.
(2) For the purposes of this Part, proceedings in relation to an offence are instituted—
- (a) where a justice of the peace issues a summons under section 1 of the 1980 c. 43.Magistrates’ Courts Act 1980, when the information for the offence is laid before him;
- (b) where a justice of the peace issues a warrant for the arrest of any person under that section, when the information for the offence is laid before him;
- (c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge;
- (d) where a bill of indictment is preferred under section 2 of the 1933 c. 36.Administration of Justice (Miscellaneous Provisions) Act 1933 in a case falling within paragraph (b) of subsection (2) of that section, when the bill of indictment is preferred before the court;
and where the application of this subsection would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times.
(3) For the purposes of this Part, references to the conduct of any proceedings include references to the proceedings being discontinued and to the taking of any steps (including the bringing of appeals and making of representations in respect of applications for bail) which may be taken in relation to them.
(4) For the purposes of sections 3(2)(b), 5, 6 and 7 (1) of this Act, binding over proceedings shall be taken to be criminal proceedings.
(5) For the purposes of section 5 of this Act, proceedings begun by summons issued under section 3 of the 1959 c. 66.Obscene Publications Act 1959 (forfeiture of obscene articles) shall be taken to be criminal proceedings.
(6) The functions which become functions of the Director by virtue of this Part shall be treated as transferred functions for the purposes of section 95 of the 1978 c. 44.Employment Protection (Consolidation) Act 1978 (effect of certain provisions where functions are transferred to the Crown) but shall not be so treated for the purposes of paragraph 1(2) of Schedule 3 to the 1971 c. 56.Pensions (Increase) Act 1971 (meaning of “last employing authority”).
