(1)The Director shall discharge his functions under the superintendence of the Attorney General.
(2)The Director or an individual designated under section 37 or 39 or appointed under section 38 must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985 (c. 23)—
(a)in determining whether proceedings for an offence should be instituted,
(b)in determining what charges should be preferred,
(c)in considering what representations to make to a magistrates' court about mode of trial, and
(d)in determining whether to discontinue proceedings.
(3)Sections 23 and 23A of the Prosecution of Offences Act 1985 (power to discontinue proceedings) shall apply (with any necessary modifications) to proceedings conducted by the Director under this Act as they apply to proceedings conducted by the Director of Public Prosecutions.
(4)A power of the Director under an enactment to institute proceedings may be exercised to institute proceedings in England and Wales only.
Commencement Information
I1S. 36 in force at 18.4.2005 by S.I. 2005/1126, art. 2(2)(g)