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Serious Crime Act 2007
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- 2007 c. 27
- SCHEDULE 2
- Director of Public Prosecutions for Northern Ireland
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This version of this cross heading contains provisions that are prospective.
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 51A inserted by 2009 c. 25 Sch. 21 para. 61(2)
Commencement Orders yet to be applied to the Serious Crime Act 2007:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2008/219 art. 2 3 commences (2007 c. 27)
- S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
- S.S.I. 2008/152 art. 2 commences (2007 c. 27)
- S.S.I. 2009/224 art. 2 commences (2007 c. 27)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/145 art. 2 Sch. commences (2009 c. 25)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2011/777 art. 2 commences (2010 c. 33)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
Prospective
Director of Public Prosecutions for Northern IrelandE+W+S+N.I.
16The functions of the Director of Public Prosecutions for Northern Ireland under this Part are—E+W+N.I.
(a)to have the conduct of applications for serious crime prevention orders in Northern Ireland or for their variation or discharge;
(b)to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland;
(c)to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 28 or otherwise);
(d)to give advice in connection with any proceedings or possible proceedings about serious crime prevention orders; and
(e)to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
17References in this Part to the Director are to be read, so far as necessary for the purposes of functions delegated by him to Public Prosecutors, as references to the Director or any Public Prosecutor.E+W+N.I.
18(1)The Code for Public Prosecutors issued under section 37 of the Justice (Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may include guidance by the Director on general principles to be applied by Public Prosecutors in determining in any case—E+W+N.I.
(a)whether to make an application for a serious crime prevention order in Northern Ireland or for the variation or discharge of such an order;
(b)whether to present a petition by virtue of section 28 of this Act; or
(c)where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.
(2)Sections 37(4) and 39(2) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.
19Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part.E+W+S+N.I.
20Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) (expenses of prosecution) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.E+W+N.I.
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