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Prosecution of Offences Act 1985

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5 Conduct of prosecutions on behalf of the Service.E+W

(1)The Director may at any time appoint a person who is not a Crown Prosecutor but [F1who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)] to institute or take over the conduct of such criminal proceedings [F2or extradition proceedings] as the Director may assign to him.

(2)Any person conducting proceedings assigned to him under this section shall have all the powers of a Crown Prosecutor but shall exercise those powers subject to any instructions given to him by a Crown Prosecutor.

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F1 Words substituted by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 61(2) [Editorial Note: The amending legislation provides that the new words in s. 5(1) should be substituted for the words from "who is" to "authority". The words "who is" occur three times in s. 5(1) as enacted. It is thought that the context requires the substitution to begin with the second occurrence of those words.]

F2 Words in s. 5(1) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(4), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

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