Commissioners for Revenue and Customs Act 2005 (c. 11)

Prosecutions U.K.

38 Conduct of prosecutions on behalf of the Office U.K.

(1) An individual who is not a member of the Office may be appointed by the Director to exercise any function of the Director under or by virtue of section 35 in relation to—

(a) specified criminal proceedings, or

(b) a specified class or description of criminal proceedings.

[F1 (1A) An individual who is not a member of the Office may be appointed by the Director to appear in—

(a) specified proceedings, or

(b) a specified class or description of proceedings,

in which the Director or a Prosecutor would otherwise appear by virtue of section 302A of the Proceeds of Crime Act 2002 (cash recovery proceedings).]

(2) An individual may be appointed under this section only if he has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (qualifications for judicial appointments).

(3) An individual appointed under this section shall act in accordance with any instructions of—

(a) the Director, or

(b) a Prosecutor.

Textual Amendments

F1 S. 38(1A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 84(3), 94(1); S.I. 2008/755, art. 17(1)(h)

Modifications etc. (not altering text)

C1 S. 38(1) modified (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 38(6), 178(8); S.I. 2006/378, art. 4(1), Sch. para. 5

Commencement Information

I1 S. 38 in force at 7.4.2005 by S.I. 2005/1126, art. 2(1)