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.