PART 1

Restrictions on prosecution for certain offences

Presumption against prosecution

Section 3: supplementary
4
1
For the purposes of section 3(2)(b) and this section “relevant previous investigation” means an investigation into the alleged conduct which—
a
was carried out by an investigating authority,
b
has ceased to be active, and
c
either did not lead to any decision as to whether or not the person should be charged with an offence, or led to a decision that the person should not be charged with any offence.
2
For the purposes of section 3(2)(b), where there has been at least one relevant previous investigation in relation to the alleged conduct, evidence—
a
is not “new” if it has been taken into account in the relevant previous investigation (or in any of them);
b
otherwise, is “new”.
S. 4 in force at 30.6.2021 by S.I. 2021/678, reg. 2