Associate Prosecutor Powers
Quick Reference Guide

Updated 16/07/08

Bail Applications

Associate Prosecutors may deal with an application for bail or application in relation to bail (including proceedings for breach and variation) except:

• Bail applications in the Crown Court;
• Bail applications in the youth courts; and
• Bail applications in relation to youths charged with an adult in the magistrates’ court.

Criminal Proceedings

Associate Prosecutors have the powers and rights of audience of a Crown Prosecutor in relation to all stages of criminal proceedings in magistrates’ courts after a person has been charged except:

• Trials;
• Newton hearings;
• Special Reason hearings; and
• Section 6(1) committal proceedings.

In addition, Associate Prosecutors should not be deployed to deal with the following proceedings:

• Contested applications for extension of custody time limits;
• Non-routine case progression hearings involving technical legal arguments, including those where a binding ruling may be made under section 8A of the Magistrates’ Courts Act 1980;
• Bind over proceedings where the facts are not admitted and evidence is required to be adduced before the court;
• Youth court hearings concerning the determination of the venue for trial under section 24 of the Magistrates’ Courts Act 1980;
• Youth court hearings relating to an application to send for trial a youth who is charged with a specified offence and is deemed dangerous under Section 51A of the Crime and Disorder Act 1998; and
• Any youth court hearing which would be unsuitable for an Associate Prosecutor to deal with, either because of its sensitivity or because of complex / difficult issues relating to the court’s sentencing powers.

Preventative Civil Orders

Associate Prosecutors may be deployed to conduct applications or other proceedings relating to the following Preventative Civil Orders, namely:

• Anti-Social Behaviour Orders;
• Football Banning Orders;
• Drink Banning Orders;
• Parenting Orders; and
• Restraining Orders.

Associate Prosecutors shall only conduct Preventative Civil Orders where instructions have been given by a Crown Prosecutor and the proceedings are not contested.

Associate Prosecutors have no powers to deal with Preventative Civil Orders other than those listed above (e.g. Violent Offender Orders and Sexual Offences Prevention Orders), except where they merely remind the court of their duties and powers in relation to proceedings concerning civil orders generally.

Functions Assigned To The Director By The Attorney General

Associate Prosecutors may conduct proceedings under section 2 of the Dogs Act 1871 instituted by a Police force (dangerous dogs that may be destroyed).

Associate Prosecutors may not conduct proceedings in connection with any other function assigned to the Director by the Attorney General.

Review

Associate Prosecutors may review summary or either way offences only where:

• the defendant is an adult; and
• the matter is summary-only or considered to be suitable for summary disposal; and
• a guilty plea is reasonably expected; or
• (if otherwise) the offence is a minor road traffic offence, provided the defendant is not a youth.

Associate Prosecutors may amend a charge or summons where the amendment is minor, for example:

• An error as to the value of any property;
• The date upon which an offence took place;
• The venue for the offence;
• The description of any relevant object.

An Associate Prosecutor may withdraw a charge or summons where:

• It relates to a road traffic offence involves the production of documents by the defendant (otherwise than in specified proceedings); and
• the defendant has produced the relevant documents to the court’s Police Liaison Officer or other police officer; and
• the Associate Prosecutor is satisfied that the charge or summons is no longer sustainable.