Part 2

Law Officers and Public Prosecution Service

Public Prosecution Service

Conduct of prosecutions
31
1
The Director must take over the conduct of all criminal proceedings which are instituted in Northern Ireland on behalf of any police force (whether by a member of that force or any other person).
1A
The Director must take over conduct of all criminal proceedings which are instituted in Northern Ireland by the ICRIR.
2
The Director may institute, and have the conduct of, criminal proceedings in any other case where it appears appropriate for him to do so.
3
This section does not preclude any person other than the Director from—
a
instituting any criminal proceedings, or
b
conducting any criminal proceedings to which the Director’s duty to conduct proceedings does not apply.
4
The Director may at any stage take over the conduct of any criminal proceedings which are instituted in circumstances in which he is not under a duty to take over their conduct, other than any proceedings of which the Director of the Serious Fraud Office has conduct.
5
The Director must give to police forces and to the ICRIR such advice as appears to him appropriate on matters relating to the prosecution of offences.
6
“Police force” means—
a
the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,
b
the Ministry of Defence Police,
c
any body of constables appointed under Article 19 of the Airports (Northern Ireland) Order 1994 (S.I 1994/426 (N.I. 1)), or
d
any body of special constables appointed in Northern Ireland under section 79 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c. 16).
7
In this section “
ICRIR
” means the Independent Commission for Reconciliation and Information Recovery.
S. 31(1A) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 13 para. 5(2) (with s. 61); S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)
Words in s. 31(5) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 13 para. 5(3) (with s. 61); S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)
S. 31(7) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 13 para. 5(4) (with s. 61); S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)