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Supplementary Functions Undertaken by the CPS

Principle

The functions of the Director of Public Prosecutions (and hence of the Crown Prosecution Service) are listed in section 3(2) of the Prosecution of Offences Act 1985 (the POA) [for further details see Statutory Duties and Powers]. Primary among these is the responsibility to advise police forces on all matters relating to criminal offences and to take over the conduct of all criminal matters instituted on behalf of a police force or an immigration officer in England and Wales. A number of other functions are listed.

Section 37B of the Police and Criminal Evidence Act 1984 (as amended) adds to the functions of the Director of Public Prosecutions the duty to decide whether there is sufficient evidence to charge an arrested person with an offence.

The Code for Crown Prosecutors and the Director's Guidance on Charging both make clear that prosecutors should provide guidance and advice to the police throughout the investigative and prosecuting process. This may include advice as to lines of enquiry, evidential requirements and assistance in any pre-charge procedures.

In addition to these primary functions, prosecutors perform a number of supplementary functions. This guidance categorises supplementary functions as:

  • Functions which we are obliged to undertake if asked to; and
  • Functions we are available to undertake at our discretion.

Some of the functions described in this Guidance fall outside the original statutory remit of the CPS. However, over the years the Attorney General has assigned these functions to the Director of Public Prosecutions using the general power in section 3(2)(g) of the Prosecution of Offences Act 1985. More recently, the Attorney has also assigned some general prosecution powers to the DPP as Director of Revenue and Customs Prosecutions, using powers created by section 31(1) of the Borders Citizenship and Immigration Act 2009.

A complete list of assignments currently in operation is attached at Annex A. Where appropriate, reference to a specific assignment is included in the text below.

Certain legislation requires the DPP to give his personal consent but also allows him/her to delegate that function/power. Annex B lists each statute where the Director has approved a list of those to whom he has delegated authority to consent to the power/function required, in the event he is unavailable.

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Guidance

Supplementary functions which the CPS is obliged to undertake

Binding-over proceedings

These proceedings fall within the statutory remit of the DPP under section 3(2)(c) of the POA. Further information is available in Binding Over Orders, elsewhere in Legal Guidance.

Forfeiture of Obscene Articles

The CPS is obliged to take over the conduct of proceedings begun by police summons for the forfeiture of obscene articles under section 3 (3) of the Obscene Publications Act 1959: see POA, s.3(2)(d). Because the CPS will make the forfeiture application, it is the usual practice to advise the police whether articles which have been seized after the execution of a search warrant should be the subject of an application. See further detailed guidance on Obscene Publications.

Authorising Conditional Cautions

Section 23(2) of the Criminal Justice Act 2003 provides that before the police can administer a conditional caution they must obtain a decision from a relevant prosecutor (in this context a Crown Prosecutor) that:

  • there is sufficient evidence to charge the offender; and
  • a conditional caution should be given to the offender instead.

The decision whether to authorise a conditional caution is, therefore, a role which the CPS is obliged to fulfil, akin to making a charging decision. Further details of conditional cautioning can be found at Cautioning and Diversion elsewhere in the Legal Guidance.

Applications for an Anti-Social Behaviour Order on Conviction

These preventative orders are available under section 1C of the Crime and Disorder Act 1998. The CPS has conduct of applications for such an order by virtue of POA section 3(2)(fa). This is to be contrasted with the position regarding "free-standing" ASBOs (that is, those in which there has been no prior related conviction), where the relevant Local Authority or the police, not the CPS, make the application.

For further information see Anti-Social Behaviour Guidance, elsewhere in the Legal Guidance.

Applications for Football Banning Orders

Under Section 14A of the Football Spectators Act 1989 [as amended by the Football (Disorder) Act 2000], a court may impose a banning order on an individual following conviction for one of the football related offences specified in Schedule 1 of the Act. Where an order is to be sought on conviction, the application is made by the prosecutor.

The police have had a long-standing power under section 14B to apply to a magistrates' court by complaint for the imposition of a banning order without the need for conviction. Since 6 April 2007 prosecutors have also been able to apply for a 'civil' football banning order under section 14B (see POA section 3(2)(faa)).

For more detailed information, see Guidance on Football Related Offences elsewhere in the Legal Guidance.

Proceedings for breach of a community sentence and curfew orders

The role of CPS is limited to alerting the convicting court to the existence of the order during the sentencing exercise if that has not already been noted by the court. Responsibility for prosecuting breaches of a community sentence rests with the National Probation Service not the CPS. Similarly, allegations of breach of electronically monitored curfew orders which have not been imposed as part of a community sentence ("stand-alone" curfew orders) are prosecuted by "the responsible officer" that is, the private company contracted to monitor compliance with the order, or lawyers instructed by them not the CPS.

Where, however, as a result of finding a breach proven, the court revokes the community sentence and wishes to deal with the offender again for the original offence, it is for the CPS not the National Probation Service to outline the facts of the offence, in effect prosecuting that case again.

For further details on the procedures to be followed, see Sentencing - Ancillary Orders, elsewhere in the Legal Guidance.

Applications for Letters of Request

The CPS is a designated authority for the purpose of issuing Letters of Request (LOR) for mutual legal assistance from Law Enforcement Agencies abroad. Although the information on which an LOR is based will have come from the investigating officers, the LOR is signed by the prosecutor and he or she is responsible for its content and for deciding whether the request is necessary in the first place. Unit Heads are responsible for the overall quality of LORs and may direct that all requests are sent in their name and signed by them.

For further information on the procedure to be followed, see Obtaining Evidence from Abroad elsewhere in the Legal Guidance.

Investigatory Powers under sections 60-70 of the Serious Organised Crime and Police Act 2005

Sections 60-70 of the Serious Organised Crime and Police Act 2005 introduced new powers exercisable by the DPP, in limited categories of offence, to require any person to answer questions, provide information or produce documentation. Failure to do so without reasonable excuse is a criminal offence. The Act also permits application by the DPP for a warrant to obtain documentation. The powers mirror those that have been available to the Serious Fraud Office under section 2 of the Criminal Justice Act 1987.

The Director has delegated the powers to Chief Crown Prosecutors or Crown Prosecutors of level E and above, with the caveat that in Areas Crown Prosecutors of level E must be specifically nominated in order to exercise the powers.

Further details can be found at in the Legal Guidance chapter Director of Public Prosecutions' (DPP) Investigatory Powers under Sections 60-70 of the Serious Organised Crime and Police Act 2005 - Guidance for Crown Prosecutors.

Serious Crime Prevention Orders

The Serious Crime Act 2007 provides that a Serious Crime Prevention Order (SCPO) can be made on application by the Director of Public Prosecutions, the Director of the Revenue and Customs Prosecutions Office, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland, to the High Court, or by application to a Crown Court before whom a person appears having been convicted of a serious offence. Applications for SCPOs can only be made by a prosecutor, not the police or other investigating agency.

For application to the Crown Court the Director has delegated his powers to the Principle Legal Advisor, Chief Executive (if prosecutor), Chief Operating Officer (if prosecutor), Heads of casework Divisions, Chief Crown Prosecutors, Deputy Chief Crown Prosecutors.

For applications to the High Court the Director has delegated his powers to the Head of Organised Crime Division (or Head of Central Fraud Group/Special Crime and Counter Terrorism Division in the event of unavailability)

An order may contain any prohibition, restriction or requirements that the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement in serious crime in England and Wales. SCPOs are civil proceedings with the civil burden of proof.

Schedule 2 of the 2007 Act gives the Director specific authority to have the conduct of applications in connection with SCPOs and to delegate that function to a Crown Prosecutor to the extent that he may decide. Within the CPS the function has been delegated as follows:

  • Applications to the High Court must be authorised by one of the Heads of the HQ Casework Divisions: cases from Areas should be submitted to the Organised Crime Division for authorisation;
  • Applications for Crown Court orders following conviction may be handled on Area, but require the specific authorisation of the Chief Crown Prosecutor.

Detailed guidance on this power and the procedures to be followed is available in Serious Crime Prevention Orders, elsewhere in the Legal Guidance.

Violent Offenders Order

Part 7 of the Criminal Justice and Immigration Act 2008 creates a new civil order which can be applied for by a chief officer of police in respect of people previously convicted of certain serious violent offences, who are considered to pose a current risk of serious violent harm to the public. These provisions came into effect on 3 August 2009.

The order is not available on conviction as an order ancillary to sentence. The CPS has no power to apply for such an order. The CPS does however have the responsibility of prosecuting the breach of a VOO, or breach of related notification requirements. Areas should therefore be prepared to liaise with the police to ensure that conditions proposed are proportionate and enforceable.

Detailed guidance on this power and the procedures to be followed can be found in Violent Offender Orders, elsewhere in Legal Guidance.

Offences involving cruelty to animals

Detailed instructions on the prosecution of offences involving cruelty towards or the mistreatment of, domestic or captive animals are contained elsewhere in this guidance: see Offences involving Domestic and Captive Animals. The CPS will review and, where appropriate, prosecute cases investigated and referred to us by the police in line with the Director's Guidance on Charging and general prosecution policies.

Prosecutions involving animal welfare are also conducted by the Royal Society for the Prevention of Cruelty to Animals through their local area network. Their expertise in this subject may be of assistance to prosecutors. The RSPCA Director of Legal Services can be contacted at RSPCA, Wilberforce Way, Southwater, Horsham, West Sussex, RH13 9RS, telephone 0300 1234 555).

The result of any CPS-prosecuted case involving animal cruelty should be notified to the RSPCA at the address above.

Applications for the control or destruction of dangerous dogs

The police may make an application to the magistrates' courts under section 2 of the Dogs Act 1871 for the control or destruction of a dog considered to be dangerous. Although this is a civil proceeding, the Attorney General has formally assigned the conduct of proceedings under section 2 to the DPP and, hence to the CPS [POA section 3(2)(g)]. For information on procedure and costs etc., see Offences involving Domestic and Captive Animals.

Orders for the destruction or control of dangerous dogs may also be obtained following conviction of an offence under the Dangerous Dogs Act 1991. These are criminal proceedings and are prosecuted by the CPS following investigation by the police.

Applications under Bankers' Book Evidence Act 1879

Under section 7 of the 1879 Act, any party to legal proceedings (whether criminal or civil) may make an application to inspect and take copies of any entries in a banker's book. It is a pre-condition to the making of an application that proceedings have been started. Therefore, in the case of criminal proceedings, the CPS is responsible for deciding whether the application should be made, and for the conduct of the proceedings.

Injunctions to restrain future criminal offences

It may be necessary in certain very rare circumstances to resort to civil proceedings to restrain the commission of a criminal offence. For instance, an offender may find it profitable continually to flout the law because the fines that are imposed are an insufficient deterrent. Applications for civil injunctions in these circumstances are made by the CPS but require the prior consent of the Attorney General.

Applications in Connection with Confiscation of Assets

In relation to offences committed prior to 24 March 2003, the High Court may make a confiscation order or certain other orders under the Drug Trafficking Act 1994 or Part VI of the Criminal Justice Act 1988 (which applies to non-drug related crime). These include a restraint order which prevents the dealing with all assets in which the defendant has an interest: see Proceeds of Crime Guidance - Confiscation and Ancillary Orders - Pre-POCA. The Central Confiscation Unit in Organised Crime Division, CPS Headquarters, will deal with the existing caseload and any applications to be made to the High Court under the Drug Trafficking Act 1994 and Criminal Justice Act 1988.

Confiscation of criminal assets in relation to all offences that were committed on or after 24 March 2003 are subject to the provisions of Part 2 of the Proceeds of Crime Act 2002 (POCA). Detailed discussion of the POCA regime can be found at Proceeds of Crime - General Guidance.

Areas will be expected to provide early advice to the police concerning the investigation, preservation of assets, the obtaining and enforcement of confiscation orders and confiscation matters generally. In appropriate circumstances prosecutors will make restraint, receivership and confiscation applications to the Crown Court on behalf of the police. In the context of restraint and receivership proceedings the prosecutor may need to apply to become a party to matrimonial or other civil proceedings, in which the rights to restrained assets are in issue. See further, Proceeds of Crime Guidance - Restraint and Management Receivers elsewhere in the Legal Guidance.

Prosecutors can also apply to the court which sentences or otherwise deals with a convicted person for a financial reporting order (FRO) under section 76 of the Serious Organised Crime and Police Act 2005. This will require the convicted person to disclose specified details about his financial affairs where there is a sufficiently high risk of the defendant committing further offences. Prosecutors also have standing under that part of the 2005 Act to deal with variation revocation and breach of an FRO.

Section 302A of POCA also permits the CPS to appear on behalf of the police at cash seizure hearings despite their civil nature. However, this is a power to be exercised when it is considered to be appropriate to do so, rather than an obligation. It is included under this general heading for continuity. Further details are given elsewhere in Legal Guidance; see, Proceeds of Crime Guidance - Investigative Powers & Cash Seizure.

Restraint and forfeiture orders may also be obtained under Part III of the Terrorism Act 2000. Such applications are dealt with by the Counter Terrorist Division.

Part 5, section 240 (1) (a) of the Proceeds of Crime Act 2002 enables "...the enforcement authority to recover, in civil proceedings before the High Court or Court of Session, property which is or represents, property obtained through unlawful conduct". The DPP has the authority as conferred by section 316 to instigate civil recovery proceedings as outlined in section 243 and he has delegated those powers to the Chief Executive (if prosecutor), Chief Operating Officer (if prosecutor),Head of Organised Crime Division.

Under Part 8, section 345 (production order), section 352 (search and seizure order), section 357 (disclosure order), section 363 (customer information order), section 370 (account monitoring order) the Director has delegated those powers to Chief Executive (if prosecutor), Chief Operating Officer (if prosecutor),Head of Organised Crime Division.

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Supplementary Functions which the CPS is Available to Undertake

Applications under the Police and Criminal Evidence Act 1984 and the Terrorism Act 2000

a. Excluded and special procedure material

Where in relation to a particular investigation a Crown Prosecutor has already engaged with investigators and provided them with guidance and advice on lines of inquiry and/or evidential requirements (but not merely general advice on investigative procedures), he or she should, if requested and where it is practical to do so, advise on the making of applications under section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 and section 37 and schedule 5 of the Terrorism Act 2000 for access to excluded or special procedure material.

Such assistance may (subject to considerations) include making the application on behalf of the police. Although the responsibility for the application remains primarily a matter for the investigator, the Attorney General has assigned the conduct of such applications to the Director under section 3(2)(g) of the Prosecution of Offences Act 1985. This enables a Crown Prosecutor to make the application on behalf of the police where it appears necessary and appropriate in the circumstances of the case to do so. Applications under the Terrorism Act 2000 will be dealt with exclusively by Counter Terrorism Division.

Prosecutors should only conduct the application itself where they are closely engaged with the case and there is some particular complexity or sensitivity involved.

Arrangements to conduct section 9 and section 37 applications should be subject to a prior agreement that the police will be responsible for administrative and ancillary expenses (but not the cost of advocacy) and any adverse cost order that is not directly attributable to the advice or nature of the representations made by the CPS. Where formal arrangements are not in place, representation at the application may only be offered with the prior authority of the Chief Crown Prosecutor, Group Chair or HQ Director (or a nominated deputy).

In considering any request for representation by the CPS, a Chief Crown Prosecutor, Group Chair or HQ Director is entitled to take into account factors such as the seriousness of the case, the degree to which CPS have already been involved in the case and the resources that the Area would be required to expend in conducting such an application.

b. Legally Privileged Material

Where material seized may contain items subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984, the identification of such material remains the responsibility of the investigator.

Where a prosecutor has previously been engaged (as above) in the provision of advice in regard to a particular investigation, he or she should, if asked, advise on the desirability of the police engaging independent legal advice on whether or not seized material may be subject to legal privilege.  However, the actual inspection of the material and the giving of an opinion on its status is a role which can only be undertaken by a suitably legally qualified person who is independent of both the investigation and the conduct of the prosecution.

c. Warrants of extended detention and their further extension

Where a suspect has been detained for questioning, the police, in appropriate circumstances, may apply to a magistrates' court for a warrant of further detention under section 43 of the Police and Criminal Evidence Act 1984. In cases where a prosecutor has already engaged with investigators and provided guidance and advice on lines of enquiry and/or evidential requirements as above, he or she should also be prepared to assist with advice on the appropriateness of making an application for extended detention and on the procedure to be followed.

Such assistance may, where it is practical, include making the application on behalf of the police. Although the responsibility for the application remains primarily a matter for the investigator under section 43(1), the Attorney General has assigned the conduct of such applications to the Director who may make the application when it appears appropriate to him to do so. In practical terms, this enables a Crown Prosecutor to make the application on behalf of the police where appropriate.

Similar considerations apply to applications to extend warrants of further detention under section 44 of the Police and Criminal Evidence Act 1984.

Applications to vary or discharge ASBOs on conviction

By virtue of POA section 3(2)(fb) the CPS may conduct applications to vary or discharge ASBOs made under section 1C, Crime and Disorder Act 1988. The CPS also may appear on any application to vary or discharge an ASBO brought by a person who is the subject of a section 1C order: POA, section 2(fc). See the Anti-Social Behaviour Guidance.

Sexual Offences Prevention Orders

A Sexual Offences Prevention Order (SOPO) and an interim SOPO require the offender to register their details to the police in accordance with Part 2 of the 2003 Act. A SOPO may be imposed by a court, following conviction of a relevant sexual offence. Although an application is not necessary for the court to make an order, prosecutors should remind the court of its power to make a SOPO as part of the sentencing exercise.

A SOPO may also be sought without a conviction by way of complaint heard in the magistrates' courts. However, it is the responsibility of the police, not the CPS, to initiate this procedure.  Applications for other civil preventative orders (foreign travel orders and the risk of sexual harm orders) may only be made by the police, by way of complaint to the magistrates' courts.

European Arrest Warrants

Under s.142 of the Extradition Act 2003, a Justice of the Peace, a District Judge or a Crown Court Judge can issue a warrant under Part 3 of the Extradition Act 2003. A "Part 3 warrant" is in effect a European Arrest Warrant. Since 1 January 2004, it has been the means of requesting extradition from those EU countries which have implemented the Framework Decision on the European Arrest Warrant.

An application for a Part 3 warrant may be made by a number of persons, including a Constable and a Crown Prosecutor. However, under a Memorandum of Understanding between CPS, SOCA (now the National Crime Agency) and ACPO an application for a Part 3 warrant should not be made without the approval of a Crown Prosecutor in CPS HQ Casework Directorate. Where such approval is given, the Crown Prosecutor will forward a copy of the approval and the draft warrant to the National Crime Agency (NCA).

CPS Areas are only involved in the obtaining of European Arrest Warrants (EAWs) for the 'import' to the UK of fugitives from Designated Category 1 territories. The Special Crime Division deals with all "export" extradition requests and all non-EAW "import" requests.

The application for a Part 3 warrant should be made by a Crown Prosecutor unless the CPS agrees that, in the circumstances, it is appropriate for the application to be made by a constable or NCA agent.

Further details may be found at Extradition, elsewhere in the Legal Guidance

Drug Trafficking Production Orders

Under section 55 of the Drug Trafficking Act 1994 a constable may, for the purpose of an investigation into drug trafficking, apply to a Circuit judge for a production order. If granted, this enables the police to require a suspect to give them access to, and allow them to take away, material in the suspect's possession.

The CPS may advise investigators, if requested, about such applications but should not make the application itself, as that remains the responsibility of the police.

Removal of Driving Disqualification Applications

Persons subject to a driving disqualification may apply for its early removal under section 42 of the Road Traffic Offenders Act 1988. Applications are made by complaint to the magistrates' court which imposed the disqualification. If requested to do so by the police, a prosecutor may appear on behalf of the Chief Officer of Police (who is the actual respondent to the application) where it seems appropriate to do so. Power to undertake these applications has been assigned to the Director by the Attorney General under section 3(2)(g) of the Prosecution of Offences Act 1985. An application for costs from the applicant should be made irrespective of the outcome.

Contempt of Court proceedings and Injunctions to restrain a prospective Contempt

Proceedings for contempt of court at common law (other than breaches of undertakings in which the parties have a role) are usually raised by the court itself or are brought before the court by the Attorney General as guardian of the public interest in the due administration of justice; see Attorney General v Newspaper Publishing plc [1988] Ch. 333 at 362, per Sir John Donaldson MR. Proceedings brought under the Contempt of Court Act 1981 are in practice initiated by the Attorney General but the CPS may be involved in preparing papers on his or her behalf.

For further details on proceedings for contempt and breaches of court orders prohibiting the publication of court proceedings, see Contempt of Court, elsewhere in Legal Guidance.

Where it is anticipated that a contempt may be about to take place, for example a newspaper is about to publish material calculated to prejudice the fair trial of a case, the matter is to be referred urgently to the Attorney General's Office so that the Attorney may consider whether to seek an injunction to prevent the anticipated contempt.

Contempt of Court Proceedings for Breaches of Undertakings

A breach of an undertaking to the court is a civil contempt even if the undertaking is made to a criminal court. The court itself summonses the alleged contemnor. The role of the CPS is to assist by instructing the original prosecuting advocate, where possible, to place the circumstances of the matter before the court and question the alleged contemnor in case of any dispute. See the Contempt of Court, elsewhere in the Legal Guidance.

Inquests

The CPS does not become directly involved in proceedings before a Coroners Court. Section 16 (7) (a) of the Coroners Act 1988 provides that "the finding of the inquest as to the cause of death must not be inconsistent with the outcome of the relevant criminal proceedings". Therefore prosecutors can observe inquest hearings where criminal proceedings have been considered and either no prosecution has been brought or proceedings have been finalised.

Where criminal proceedings arising from the same incident are in progress the CPS can request that an inquest which has been opened be adjourned: see Section 16 (1) (b) of the Coroners Act 1988. Further details on the relationship between inquests and criminal investigations may be found at Homicide: Murder and Manslaughter.

Defending Applications for writ of Habeas Corpus

The CPS does not defend applications for habeas corpus unless it has participated directly in the proceedings which have led to the deprivation of liberty. Where such cases do arise, they are dealt with on Area unless the case is being prosecuted by one of the HQ Casework Divisions. Power to undertake these applications has been assigned to the Director by the Attorney General under section 3(2)(g) of the Prosecution of Offences Act 1985.

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Role of Associate Prosecutors in Relation to Supplementary Functions

The powers and rights of audience of Associate Prosecutors (APs) and Level 2 Associate Prosecutors (AP2) are set out in the Directors' Instructions. All APs and AP2s exercise the powers of a Crown Prosecutor in the conduct of those criminal proceedings in magistrates' courts which are set out in paragraphs 2 and 3 of the Director's Instructions. Certain restrictions apply by virtue of schedules 1 to 5 of the Instructions. Subject to those restrictions, APs and AP2s may perform some of the functions listed above if they are supplementary to criminal proceedings in the magistrates' court of which they have conduct, and are uncontested.

However, until further advised, APs should not perform any of the following functions:

  • Binding over proceedings, unless the facts are admitted;
  • Contested applications for preventative civil orders (such as ASBOs and Football Banning Orders);
  • Applications in connection with warrants of further detention;
  • Applications for access to special procedure and excluded material;

By virtue of their extended contested remit, AP2s may perform the following functions:

  • Contested binding over proceedings where the issues will be straightforward;
  • Contested applications for preventative civil orders (such as ASBOs and Football Banning Orders);

However, AP2s may not deal with the following:

  • Applications in connection with warrants of further detention;
  • Applications for access to special procedure and excluded material.

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Annex A

List Of Assignments By The Attorney General To The Director Of Public Prosecutions Or The Director Of Revenue And Customs Prosecutions

Pursuant to the power contained in section 3(2)(g) of the Prosecution of Offences Act 1985.

On 10 December 1996:

  • the conduct of proceedings relating to appeals by way of case stated and to applications for writs of Habeas Corpus ad Subjiciendum whether by representing a party or by intervention where it appears to the Director that the issues involved relate to the conduct of proceedings falling within the statutory functions of the Director of Public Prosecutions under the Prosecution of Offences Act 1985 or any other enactment.
  • the conduct of proceedings under S.2 of the Dogs Act 1871 instituted on behalf of a police force (whether by a member of that force or by any other person).

On 13 May 2008:

  • the conduct of applications for warrants for further detention under section 43 of the Police and Criminal Evidence Act 1984 and their further extension under section 44;

On 25 September 2008:

  • the function of responding to applications for the early removal of driving disqualifications under section 42 of the Road Traffic Offenders Act 1988;

On 13 July 2009:

  • the conduct of applications for access to special procedure and excluded material under section 9 and schedule 1 of the Police and Criminal Evidence Act 1984 and section 37 and schedule 5 of the Terrorism Act 2000;

On 2 December 2009:

  • the conduct of any criminal proceedings instituted by an officer of the Office of National Statistics and the function of giving advice to the Office of National Statistics on matters relating to criminal offences; and 
  • the function of instituting or taking over the conduct of criminal proceedings in England and Wales relating to investigations concerning a general customs matter or a customs revenue matter conducted by any of the following:
    • A designated customs official
    • The Secretary of State
    • Officials of the Secretary of State
    • The Director of Border Revenue; or
    • A person acting on behalf of any of the above.

Pursuant to the power contained in section 31(1) of the Borders Citizenship and Immigration Act 2009

On 2 December 2009: to the Director of Revenue and Customs Prosecutions

  • the function of instituting or taking over the conduct of criminal proceedings in England and Wales or providing advice relating to criminal investigations for offences under the Custom and Excise Acts conducted by any of the following:
    • A designated customs official
    • Immigration Officers 
    • The Secretary of State
    • Officials of the Secretary of State
    • The Director of Border Revenue
    • A person acting on behalf of any of the above or
    • A constable.

Annex B

Powers or Functions assigned specifically to the DPP

Bribery offences

Originating statute

  • Sections 10(1) and 10(4) Bribery Act 2010 ('...the DPP... must exercise personally any function... of giving consent').

Agreed delegated individual(s)

  • Principal Legal Advisor in the first instance, Heads of Central Casework Divisions in the event that neither the DPP nor Principal Legal Advisor is available

Double jeopardy - application for retrial for serious offences

Originating statute

  • Section 76(3) Criminal Justice Act 2003 ('...a prosecutor may only make an application... with the written consent of the Director of Public Prosecutions')

Agreed delegated individual(s)

  • Principal Legal Advisor

Immunities: Section 71 witness immunity notice

Originating statute

  • Section 71(4)(a) Serious Organised Crime and Police Act 2005 - power given to a 'specified prosecutor' including the Director of Public Prosecutions

Agreed delegated individual(s)

  • Principal Legal Advisor (in the case of CPS Areas), Heads of Central Casework Divisions, or nominated SCS prosecutor

Immunities: Section 72 restricted use undertaking

Originating statute

  • Sections 72(1) and (7) Serious Organised Crime and Police Act 2005 refer to 'a specified prosecutor', given same meaning as under section 71

Agreed delegated individual(s)

  • Principal Legal Advisor (in the case of CPS Areas), Heads of Central Casework Divisions, or nominated SCS prosecutor

Immunities: Sections 73 and 74 sentence discount agreements

Originating statute

  • Sections 73(10) and 74(3)(b) of Serious Organised Crime and Police Act 2005

Agreed delegated individual(s)

  • Principal Legal Advisor (in the case of CPS Areas), Heads of Central Casework Divisions, a nominated SCS prosecutor, or Prosecutor of Level E and above

Immunities: Investigatory Powers (power to issue Disclosure Notice, apply for Search Warrant etc)

Originating statute

  • Section 60(1) Serious Organised Crime and Police Act 2005 confers various powers on the DPP in relation to sections 61-69

Agreed delegated individual(s)

  • Chief Crown Prosecutors or Prosecutors of Level E and above

Serious Crime Prevention Orders (Crown Court)

Originating statute

  • Section 8 (a)(i) Serious Crime Act 2007 (Orders on Conviction in the Crown Court) limits the class of applicants who can apply for a SCPO, and includes the DPP.

Agreed delegated individual(s)

  • Principal Legal Advisor, Chief Executive (if prosecutor), Chief Operating Officer (if prosecutor), Heads of Casework Divisions, Chief Crown Prosecutors, Deputy Chief Crown Prosecutors

Serious Crime Prevention Orders (High Court)

Originating statute

  • Section 8 (a)(i) Serious Crime Act 2007 (High Court Orders) limits the class of applicants who can apply for a SCPO, and includes the DPP.

Agreed delegated individual(s)

  • Head of Organised Crime Division (Head of Central Fraud Group/Special Crime and Counter Terrorism Division in event of unavailability)

Proceeds of Crime Act 2002

Originating statute

  • Part 5, section 240(1)(a) enables '...the enforcement authority to recover, in civil proceedings before the High Court or Court of Session, property which is, or represents, property obtained through unlawful conduct'.  The DPP has the authority as conferred by section 316 to instigate civil recovery proceedings as outlined in section 243.  

Agreed delegated individual(s)

  • Chief Executive (if prosecutor), Chief Operating Officer (if prosecutor), Head of Organised Crime Division

Proceeds of Crime Act 2002

Originating statute

  • Part 8, section 345 (production order), section 352 (search and seizure order), section 357 (disclosure order), section 363 (customer information order), section 370 (account monitoring order).

Agreed delegated individual(s)

  • Chief Executive (if prosecutor), Chief Operating Officer (if prosecutor), Head of Organised Crime Division

Police Reform and Social Responsibility Act 2011

Originating statute

  • Section 153(1) - restriction on the use of arrest warrants in private prosecutions

Agreed delegated individual(s)

  • Head of Special Crime and Counter Terrorism Division and in his/her absence, Deputy Head of Special Crime and Counter Terrorism Division

Further Situation: Matters which present a potential conflict of interest for the Director of Public Prosecutions as postholder (for example, as a result of previous involvement in a matter prior to taking up the post of DPP)

Originating statute

  • n/a

Agreed delegated individual(s)

  • Principal Legal Advisor for legal issues.  Chief Executive/Chief Operating Officer for business issues


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