Prosecution of Offences Act 1985

15 Interpretation of Part I. E+W

(1) In this Part—

• “binding over proceedings ” means any proceedings instituted (whether by way of complaint under section 115 of the M1 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;

• [F1 “legal representative ” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.]

• “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;

• “public authority ” has the same meaning as in section 17 of this Act;

• “Service ” means the Crown Prosecution Service; [F2 . . .

• F2 . . ..]

(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 M2 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 on the particulars of the charge;

(d) where a bill of indictment is preferred under section 2 of the M3 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 M4 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 [F3 not be treated as transferred functions] for the purposes of paragraph 1(2) of Schedule 3 to the M5 Pensions (Increase) Act 1971 (meaning of “last employing authority ”).

(7) The person who, immediately before the commencement of section 2 of this Act, holds the office of Director shall be treated on the commencement of that section as holding that office in pursuance of an appointment made by the Attorney General.

Textual Amendments

F1 Definition in s. 15(1) inserted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 52(2); S.I. 1991/608, art. 2, Sch.

F2 Word and definition in s. 15(1) repealed (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(7), Sch. 20; S.I. 1991/608, art. 2, Sch.

F3 Words in s. 15(6) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 25(3)

Marginal Citations

M1 1980 c. 43.

M2 1980 c. 43.

M3 1933 c. 36.

M4 1959 c. 66.

M5 1971 c. 56.