Prosecution of Offences Act 1985 (c. 23)

Part I E+W The Crown Prosecution Service

Miscellaneous E+W

14 Control of certain fees and expenses etc. paid by the Service. E+W

(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 [F1 counsel][F1 any legal representative] 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 [F2 and, subject to subsection (1A) below, of any other person who in the opinion of the Service necessarily attends for the purpose of the case otherwise than to give evidence].

[F3 (1A) The power conferred on the Attorney General by subsection (1)(b) above only relates to the costs and expenses of an interpreter if the interpreter is required because of the lack of English of a person attending to give evidence at the instance of the Service.]

[F3 (1B) In subsection (1)(b) above “attending ” means attending at the court or elsewhere.]

(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.

[F4 (3) Regulations made under subsection (1)(b) above may provide that scales or rates of costs and expenses shall be determined by the Attorney General with the consent of the Treasury.]

Textual Amendments

F1 In s. 14(1)(a) for the word “counsel ” there is substituted (prosp.) “any legal representative ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3)(4), 125(3), Sch. 18 para. 52(1)

F2 Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 166(a), Sch. 8 para. 16

F3 S. 14(1A)(1B) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 166(1)(b), Sch. 8 para. 16

F4 S. 14(3) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 166(1)(c), Sch. 8 para. 16

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;

• [F5 “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; [F6 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 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 be treated as transferred functions for the purposes of section 95 of the M5 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 M6 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

F5 Definition inserted (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3)(4), 125(3), Sch. 18 para. 52(2)

F6 Definition of “solicitor ” and the word “and ” immediately preceding it repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3)(4), 125(7), Sch. 20

Marginal Citations

M1 1980 c. 43.

M2 1980 c. 43.

M3 1933 c. 36.

M4 1959 c. 66.

M5 1978 c. 44.

M6 1971 c. 56.