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Borders, Citizenship and Immigration Act 2009

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This is the original version (as it was originally enacted).

31Prosecution of offences

This section has no associated Explanatory Notes

(1)The Attorney General may by order assign to the Director of Revenue and Customs Prosecutions a function of—

(a)instituting criminal proceedings in England and Wales,

(b)assuming the conduct of criminal proceedings in England and Wales, or

(c)providing legal advice,

relating to a criminal investigation of a kind specified in the order by a person to whom this section applies.

(2)This section applies to—

(a)designated customs officials,

(b)immigration officers,

(c)officials of the Secretary of State,

(d)the Secretary of State,

(e)the Director of Border Revenue,

(f)a person acting on behalf of a person mentioned in paragraphs (a) to (e), and

(g)constables.

(3)For the purposes of the Commissioners for Revenue and Customs Act 2005 (c. 11)—

(a)functions assigned to the Director of Revenue and Customs Prosecutions by virtue of this section are to be treated as functions of the Director under or by virtue of that Act, and

(b)proceedings conducted by the Director by virtue of this section are to be treated as proceedings conducted by the Director under that Act.

(4)Sections 37 to 37B of the Police and Criminal Evidence Act 1984 (c. 60) (guidance etc.) have effect, in relation to a person arrested following a criminal investigation in relation to which functions are conferred by virtue of this section, as if references to the Director of Public Prosecutions were references to the Director of Revenue and Customs Prosecutions.

(5)An order under this section—

(a)may include incidental, supplementary and consequential provision;

(b)may make transitional or transitory provision or savings;

(c)may be amended or revoked.

(6)The reference in this section to instituting criminal proceedings is to be construed in accordance with section 15(2) of the Prosecution of Offences Act 1985 (c. 23).

(7)In this section “criminal investigation” means any process—

(a)for considering whether an offence has been committed,

(b)for discovering by whom an offence has been committed, or

(c)as a result of which an offence is alleged to have been committed.

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