Prosecution of Offences Act 1985

3 Functions of the Director. E+W

(1) The Director shall discharge his functions under this or any other enactment under the superintendence of the Attorney General.

(2) It shall be the duty of the Director [F1 , subject to any provisions contained in the Criminal Justice Act 1987] —

(a) to take over the conduct of all criminal proceedings, other than specified proceedings, instituted on behalf of a police force (whether by a member of that force or by any other person);

[F2 (aa) to take over the conduct of any criminal proceedings instituted by an immigration officer (as defined for the purposes of the M1 Immigration Act 1971) acting in his capacity as such an officer;]

(b) to institute and have the conduct of criminal proceedings in any case where it appears to him that—

(i) the importance or difficulty of the case makes it appropriate that proceedings should be instituted by him; or

(ii) it is otherwise appropriate for proceedings to be instituted by him;

[F3 (ba) to institute and have the conduct of any criminal proceedings in any case where the proceedings relate to the subject-matter of a report a copy of which has been sent to him under paragraph 23 or 24 of Schedule 3 to the Police Reform Act 2002 (c. 30)(reports on investigations into conduct of persons serving with the police);]

(c) to take over the conduct of all binding over proceedings instituted on behalf of a police force (whether by a member of that force or by any other person);

(d) to take over the conduct of all proceedings begun by summons issued under section 3 of the M2 Obscene Publications Act 1959 (forfeiture of obscene articles);

(e) to give, to such extent as he considers appropriate, advice to police forces on all matters relating to criminal offences;

[F4 (ea) to have the conduct of any extradition proceedings;

(eb) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on any matters relating to extradition proceedings or proposed extradition proceedings;

[F5 (ec) to give, to such extent as he considers appropriate, advice to immigration officers on matters relating to criminal offences;]]

(f) to appear for the prosecution, when directed by the court to do so, on any appeal under—

(i) section 1 of the M3 Administration of Justice Act 1960 (appeal from the High Court in criminal cases);

(ii) Part I or Part II of the M4 Criminal Appeal Act 1968 (appeals from the Crown Court to the criminal division of the Court of Appeal and thence to the [F6 Supreme Court] ); or

(iii) section 108 of the M5 Magistrates’ Courts Act 1980 (right of appeal to Crown Court) as it applies, by virtue of subsection (5) of section 12 of the M6 Contempt of Court Act 1981, to orders made under section 12 (contempt of magistrates’ courts); F7 . . .

[F8 (fa) to have the conduct of applications for orders under section 1C of the Crime and Disorder Act 1998 (orders made on conviction of certain offences) [F9 , section 6 of the Violent Crime Reduction Act 2006 (orders on conviction in criminal proceedings)] and section 14A of the Football Spectators Act 1989 (banning orders made on conviction of certain offences);]

[F10 (faa) where it appears to him appropriate to do so, to have the conduct of applications made by him for orders under section 14B of the Football Spectators Act 1989 (banning orders made on complaint);]

[F11 (fb) where it appears to him appropriate to do so, to have the conduct of applications under section 1CA(3) of the Crime and Disorder Act 1998 for the variation or discharge of orders made under section 1C of that Act;

(fc) where it appears to him appropriate to do so, to appear on any application under section 1CA of that Act made by a person subject to an order under section 1C of that Act for the variation or discharge of the order.]

[F12 (fd) where it appears to him appropriate to do so, to have the conduct of applications under section 8(1)(b) of the Violent Crime Reduction Act 2006 for the variation or discharge of orders made under section 6 of that Act;

(fe) where it appears to him appropriate to do so, to appear on any application under section 8(1)(a) of that Act by a person subject to an order under section 6 of that Act for the variation or discharge of the order.]

[F13 (ff) to discharge such duties as are conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations);]

(g) to discharge such other functions as may from time to time be assigned to him by the Attorney General in pursuance of this paragraph.

[F14 (2A) Subsection (2)(ea) above does not require the Director to have the conduct of any extradition proceedings in respect of a person if he has received a request not to do so and—

(a) in a case where the proceedings are under Part 1 of the Extradition Act 2003, the request is made by the authority which issued the Part 1 warrant in respect of the person;

(b) in a case where the proceedings are under Part 2 of that Act, the request is made on behalf of the territory to which the person’s extradition has been requested.]

(3) In this section—

• “the court ” means—

(a) in the case of an appeal to or from the criminal division of the Court of Appeal, that division;

(b) in the case of an appeal from a Divisional Court of the Queen’s Bench Division, the Divisional Court; and

(c) in the case of an appeal against an order of a magistrates’ court, the Crown Court;

• “police force ” means any police force maintained by a [F15 local policing body] F16 . . . and any other body of constables for the time being specified by order made by the Secretary of State for the purposes of this section; and

• “specified proceedings ” means proceedings which fall within any category for the time being specified by order made by the Attorney General for the purposes of this section.

(4) The power to make orders under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 13

F2 S. 3(2)(aa) inserted (1.12.2004) by 1999 c. 33, ss. 164, 170(4); S.I. 2004/2997, art. 2

F3 S. 3(2)(ba) inserted (1.4.2004) by Police Reform Act 2002 (c. 30) ss. 107, 108(2), {Sch. 7 para. 10}; S.I. 2004/913, art. 2(e)

F4 S. 3(2)(ea)(eb) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(2), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

F5 S. 3(2)(ec) inserted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 7, 48(1)-(3); S.I. 2004/2999, art. 2, Sch.

F6 Words in s. 3(2)(f)(ii) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 41(2); S.I. 2009/1604, art. 2(d)

F7 Word in s. 3(2)(f) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(6), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(f)(ii)(g)(ii)(b)

F8 S. 3(2)(fa) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38). {ss. 86(6)}, 93; S.I. 2003/3300, art. 2(f)(ii)

F9 Words in s. 3(2)(fa) inserted (1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 7(10), 66(2); S.I. 2010/469, arts. 2(b), 4, Sch.; S.I. 2010/2541, arts. 2(b), 4, Sch.

F10 S. 3(2)(faa) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52, 66(2), Sch. 3 para. 15; S.I. 2007/858, art. 2(k)

F11 S. 3(2)(fb)(fc) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(5), 178; S.I. 2005/1521, art. 3(s) (subject to art. 3(4)(5))

F12 S. 3(2)(fd)(fe) inserted (1.4.2010 for specified purposes, 1.11.2010 for specified purposes) by Violent Crime Reduction Act 2006 (c. 38), ss. 8(7), 66(2); S.I. 2010/469, arts. 2(c), 4, Sch.; S.I. 2010/2541, arts. 2(c), 4, Sch.

F13 S. 3(2)(ff) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 149; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F14 S. 3(2A) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(3), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))

F15 Words in s. 3(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 171; S.I. 2011/3019, art. 3, Sch. 1

F16 S. 3(3): words in definition of "police force" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 47, Sch. 17; S.I. 2006/378, art. 4(1) (subject to art. 4(2)-(7))

Modifications etc. (not altering text)

C1 S. 3(2) excluded by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 5(1)

C2 S. 3(2)(a)(d) restricted by S.I. 1986/1029, art. 5

Marginal Citations

M1 1971 c. 77.

M2 1959 c. 66.

M3 1960 c. 65.

M4 1968 c. 19.

M5 1980 c. 43.

M6 1981 c. 49.