Marine and Coastal Access Act 2009

Prospective

29 Power to bring proceedings E+W+S+N.I.

(1) The MMO may institute criminal proceedings in England, Wales or Northern Ireland.

(2) The MMO may institute proceedings for the recovery of any monetary penalty imposed under this Act.

(3) Subsection (2) is without prejudice to any other powers the MMO may have to institute proceedings.

(4) The MMO may designate under this subsection any of its employees who would not (apart from subsection (6)) be entitled to carry on, in relation to magistrates' court proceedings, an activity which constitutes—

(a) the conduct of litigation, or

(b) the exercise of a right of audience falling within subsection (5).

(5) The rights of audience are—

(a) a right of audience in trials of summary offences;

(b) a right of audience in relation to any application for, or relating to, bail in criminal proceedings relating to a summary offence or an offence triable either way, unless (as matters stand at the time when the application is made) the offence is to be tried on indictment;

(c) a right of audience in relation to interlocutory applications and sentencing in proceedings relating to a summary offence or an offence triable either way;

(d) a right of audience in proceedings for the recovery of any sum of money.

(6) Subject to any exceptions specified in the designation, a person designated under subsection (4) is entitled to carry on, in relation to magistrates' court proceedings, any activity specified in the designation which constitutes—

(a) the conduct of litigation, or

(b) the exercise of a right of audience falling within subsection (5).

(7) For the purposes of subsection (5), a trial—

(a) begins with the opening of the prosecution case after the entry of a plea of not guilty, and

(b) ends with the conviction or acquittal of the accused.

(8) In this section—

• “bail in criminal proceedings”—

  (a)

  in relation to England and Wales, has the same meaning as in section 1 of the Bail Act 1976 (c. 63) (see subsection (1) of that section);

  (b)

  in relation to Northern Ireland, means bail within the meaning of Part 2 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13));

• “conduct of litigation” has the meaning given by paragraph 4 of Schedule 2 to the Legal Services Act 2007 (c. 29);

• “magistrates' court proceedings” means proceedings before a magistrates' court in England, Wales or Northern Ireland;

• “right of audience” has the meaning given by paragraph 3 of Schedule 2 to the Legal Services Act 2007.