2 Restriction on institution of proceedings for a fatal offence.E+W+N.I.
(1)Proceedings to which this section applies may only be instituted by or with the consent of the Attorney General.
(2)This section applies to proceedings against a person for a fatal offence if—
(a)the injury alleged to have caused the death was sustained more than three years before the death occurred, or
(b)the person has previously been convicted of an offence committed in circumstances alleged to be connected with the death.
(3)In subsection (2) “fatal offence” means—
(a)murder, manslaughter, infanticide or any other offence of which one of the elements is causing a person’s death, F1...
[F2(b)an offence under section 2(1) of the Suicide Act 1961 (offence of encouraging or assisting suicide) in connection with the death of a person,][F3 or
(c)an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 [F4of causing or allowing the death of a child or vulnerable adult]]
(4)No provision that proceedings may be instituted only by or with the consent of the Director of Public Prosecutions shall apply to proceedings to which this section applies.
(5)In the application of this section to Northern Ireland—
(a)the reference in subsection (1) to the Attorney General is to the Attorney General for Northern Ireland, and
[F5(aa)the reference in subsection (3)(b) to section 2(1) of the Suicide Act 1961 is to be read as a reference to section 13(1) of the Criminal Justice Act (Northern Ireland) 1966, and]
(b)the reference in subsection (4) to the Director of Public Prosecutions is to the Director of Public Prosecutions for Northern Ireland.
Textual Amendments
F1Word in s. 2(3) repealed (21.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 11; S.I. 2005/579, art. 2(e)
F2S. 2(3)(b) substituted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 60(2) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)
F3S. 2(3)(c) and preceding word inserted (21.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 33; S.I. 2005/579, art. 2(c)
F4Words in s. 2(3)(c) substituted (E.W.) (2.7.2012) and (N.I.) (14.3.2016) by Domestic Violence, Crime and Victims (Amendment) Act 2012 (c. 4), s. 4(2), Sch. para. 3; and by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 6 para. 1 (with Sch. 8 para. 11); S.I. 2012/1432, art. 2; S.R. 2016/136, art. 2(b)
F5S. 2(5)(aa) inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 60(3) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)