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Part IThe Crown Prosecution Service

Constitution and functions of Service

4Crown Prosecutors

(1)Crown Prosecutors shall have, in any court, the rights of audience enjoyed by solicitors holding practising certificates and shall have such additional rights of audience in the Crown Court as may be given by virtue of subsection (3) below.

(2)The reference in subsection (1) above to rights of audience enjoyed in any court by solicitors includes a reference to rights enjoyed in the Crown Court by virtue of any direction given by the Lord Chancellor under section 83 of the Supreme Court Act 1981.

(3)For the purpose of giving Crown Prosecutors additional rights of audience in the Crown Court, the Lord Chancellor may give any such direction as respects Crown Prosecutors as he could give under section 83 of the Act of 1981 in respect of solicitors.

(4)In section 88 of the Solicitors Act 1974 (which, amongst other things, provides that solicitors in public departments are not required to hold practising certificates) the following subsection shall be inserted after subsection (1)—

(1A)The exemption from the requirement to hold a practising certificate conferred by subsection (1) above shall not apply to solicitors who are Crown Prosecutors.

(5)In section 11 of the Act of 1974 (fees payable on issue of practising certificates), the following subsection shall be inserted after subsection (2)—

(2A)An order under subsection (1) may specify reduced fees for practising certificates which are issued to solicitors who are Crown Prosecutors.

(6)In Schedule 2 to the Act of 1974 (the compensation fund), in paragraph 2, for the words " sub-paragraph (2)" there shall be substituted the words

sub-paragraphs (2) and (2A)and after sub-paragraph (2) there shall be inserted the following sub-paragraph—

(2A)Sub-paragraph (1) above shall not apply to any solicitor who is a Crown Prosecutor.