Page:Prosecution of Offences Act 1985.pdf/5

Part I

Functions of the Director. 3.—(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—

(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);

(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;

(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 1959 c. 66.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;

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

(i) section 1 of the 1960 c. 65.Administration of Justice Act 1960 (appeal from the High Court in criminal cases);

(ii) Part I or Part II of the 1968 c. 19.Criminal Appeal Act 1968 (appeals from the Crown Court to the criminal division of the Court of Appeal and thence to the House of Lords); or

(iii) section 108 of the 1980 c. 43.Magistrates’ Courts Act 1980 (right of appeal to Crown Court) as it applies, by virtue of subsection (5) of section 12 of the 1981 c. 49.Contempt of Court Act 1981, to orders made under section 12 (contempt of magistrates’ courts); and

(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.

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