Part 2 U.K.Law Officers and Public Prosecution Service

Public Prosecution Service U.K.

36 Exercise of functions by and on behalf of Service N.I.

(1) The Director may delegate any of his powers (to such extent as he determines) to—

(a) any Public Prosecutor, or

(b) any other member of staff of the Public Prosecution Service for Northern Ireland.

(2) The Director may at any time appoint a person who is not a member of staff of the Service but who is a barrister or solicitor in Northern Ireland to institute or take over the conduct of criminal proceedings [F1 or extradition proceedings] assigned to him by the Director.

(3) A person conducting proceedings assigned to him under subsection (2) has all the powers of a Public Prosecutor but must exercise them subject to any instructions given to him by a Public Prosecutor.

Textual Amendments

F1 Words in s. 36(2) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 192(7), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3258 and S.I. 2003/3312))

Modifications etc. (not altering text)

C1 S. 36 excluded (1.7.2011) by Bribery Act 2010 (c. 23), ss. 10(10), 19(1) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

C2 S. 36 restricted (1.7.2011) by Bribery Act 2010 (c. 23), ss. 10(8), 19(1) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

C3 S. 36 excluded (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 49(6), 58(5)(6); S.I. 2017/739, reg. 3