Part 2

Law Officers and Public Prosecution Service

Public Prosecution Service

Exercise of functions by and on behalf of Service
36
1
The Director may delegate any of his powers (to such extent as he determines) to—
a
any Public Prosecutor, or
b
any other member of staff of the Public Prosecution Service for Northern Ireland.
2
The Director may at any time appoint a person who is not a member of staff of the Service but who is a barrister or solicitor in Northern Ireland to institute or take over the conduct of criminal proceedings or extradition proceedings assigned to him by the Director.
3
A person conducting proceedings assigned to him under subsection (2) has all the powers of a Public Prosecutor but must exercise them subject to any instructions given to him by a Public Prosecutor.
Words in s. 36(2) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 192(7), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3258 and S.I. 2003/3312))
S. 36 restricted (1.7.2011) by Bribery Act 2010 (c. 23), ss. 10(8), 19(1) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2
S. 36 excluded (1.7.2011) by Bribery Act 2010 (c. 23), ss. 10(10), 19(1) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2
S. 36 excluded (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 49(6), 58(5)(6); S.I. 2017/739, reg. 3