2Restriction on institution of proceedings for a fatal offence

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, or

b

the offence of aiding, abetting, counselling or procuring a person’s suicide.

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

b

the reference in subsection (4) to the Director of Public Prosecutions is to the Director of Public Prosecutions for Northern Ireland.