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(5) After section 6(2), there shall be inserted— | |
“(3) Except where subsection (4) applies, subsection (2) does not apply to | |
the institution or conduct of proceedings relating to anti-social | |
behaviour offences by a Community Prosecution Lawyer or by the | |
staff of a Community Prosecution Lawyer. | 5 |
(4) This subsection applies where proceedings relating to an anti-social | |
behaviour offence have been transferred in accordance with the | |
provisions of section 7 of the Community Prosecution Lawyers Act | |
2003.” | |
(6) After section 7(4) (delivery of recognisances etc. to Director), there shall be | 10 |
inserted— | |
“(5) The duty imposed on every justices’ chief executive by virtue of | |
subsection (4) does not apply in respect of any proceedings relating | |
to anti-social behaviour offences instituted or conducted by a | |
Community Prosecution Lawyer or by the staff of a Community | 15 |
Prosecution Lawyer, except where subsection (6) applies. | |
(6) This subsection applies where proceedings relating to an anti-social | |
behaviour offence have been transferred in accordance with the | |
provisions of section 7 of the Community Prosecution Lawyers Act | |
2003.” | 20 |
(7) In section 15(1) (interpretation), there shall be inserted, at the appropriate | |
place in alphabetical order— | |
“anti-social behaviour offences” has the same meaning as in Schedule 2 | |
to the Community Prosecution Lawyers Act 2003; | |
“a Community Prosecution Lawyer” means a person holding office in | 25 |
accordance with the provisions of Part 2 of the Community | |
Prosecution Lawyers Act 2003; | |
“staff of a Community Prosecution Lawyer” has the same meaning as | |
in paragraph 3(6) of Schedule 1 to the Community Prosecution | |
Lawyers Act 2003;”. | 30 |
(8) In section 17(6) (meaning of “public authority”), after paragraph (b), there | |
shall be inserted— | |
“(bb) a Community Prosecution Lawyer;”. | |
(9) In section 22B(2) (re-institution of stayed proceedings), after paragraph (a), | |
there shall be inserted— | 35 |
“(aa) in the case of proceedings conducted by a Community | |
Prosecution Lawyer, that Community Prosecution Lawyer so | |
directs;”. | |
Criminal Justice Act 1988 | |
5 In section 89(5) of the Criminal Justice Act 1988 (c. 33) (compensation), after | 40 |
paragraph (b), there shall be inserted— | |
“(bb) where the person in default was a Community Prosecution | |
Lawyer or acting on behalf of a Community Prosecution | |
Lawyer, by that Lawyer;”. | |
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Courts and Legal Services Act 1990 | |
6 In section 31A(1) of the Courts and Legal Services Act 1990 (c. 41) (employed | |
advocates), after the words “Crown Prosecutor”, there shall be inserted the | |
words “, as a Community Prosecution Lawyer or as a member of the legal | |
staff of a Community Prosecution Lawyer”. | 5 |
Bail (Amendment) Act 1993 | |
7 In section 1(2) of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of | |
appeal), after paragraph (a), there shall be inserted— | |
“(aa) by or on behalf of a Community Prosecution Lawyer; or”. | |
Criminal Appeal Act 1995 | 10 |
8 In section 22(4) of the Criminal Appeal Act 1995 (c. 35) (appropriate persons | |
for the purposes of investigations on behalf of the Criminal Cases Review | |
Commission), after paragraph (b), there shall be inserted— | |
“(bb) in relation to the staff and premises of a Community | |
Prosecution Lawyer, that Community Prosecution Lawyer;”. | 15 |
Schedule 4 | |
Section 31 | |
Repeal | |
| | Short title and chapter | Extent of repeal | | | | | Bail (Amendment) Act 1993 (c. | In section 1(1), the word “or” at the end of | | | | | 26) | paragraph (a) | | 20 |
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