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Draft Community Prosecution Lawyers Bill


Draft Community Prosecution Lawyers Bill
Part 2 — Elections, disqualification, etc.

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                    “by-election” means any election held in accordance with the provisions

of section 18; and

                    “ordinary election” means any election for the office of Community

Prosecution Lawyer other than a by-election.

 15    Returning officers

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A returning officer for a parliamentary election determined in accordance with

the provisions of section 24 of the Representation of the People Act 1983 (c. 2)

(returning officers: England and Wales) shall also be a returning officer for an

election for the office of Community Prosecution Lawyer.

 16    Day of initial elections of Community Prosecution Lawyers

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     (1)    The initial elections for the office of Community Prosecution Lawyer shall be

held on the first Thursday of a month other than August.

     (2)    The Lord Chancellor may make an order prescribing the month of initial

elections for the office of Community Prosecution Lawyer.

     (3)    An order under this section may prescribe different months in respect of

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different parliamentary constituencies.

     (4)    No order under this section may prescribe a month the first day of which falls

less than ninety days after the day on which the order is made.

     (5)    An order under subsection (2) may not be made unless a draft has been laid

before and approved by resolution of each House of Parliament.

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     (6)    No draft may be laid before Parliament under subsection (4) until the Lord

Chancellor has consulted—

           (a)           the Attorney General, and

           (b)           the Electoral Commission.

     (7)    At the same time as any draft order is laid before Parliament under subsection

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(5), the Lord Chancellor shall also lay before Parliament a report of the outcome

of his consultations in accordance with subsection (6).

     (8)    In this section, “initial elections” means the first election to be held in

accordance with the provisions of this Act in each parliamentary constituency.

 17    Day of subsequent elections of Community Prosecution Lawyers

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Each subsequent ordinary election for the office of Community Prosecution

Lawyer shall be held on the first Thursday of the month in which the preceding

such election was held in that parliamentary constituency in the fourth year

after the preceding ordinary election.

 18    By-elections

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     (1)    In any case where a declaration of vacancy has been published in accordance

with the provisions of section 26 (other than a case where subsection (2)

applies) a by-election shall be held for the office of Community Prosecution

Lawyer.

 

 

Draft Community Prosecution Lawyers Bill
Part 2 — Elections, disqualification, etc.

    9

 

     (2)    This subsection applies in any case where the date on which the vacancy began

is less than three months before the next campaign day for an ordinary election

in the constituency.

     (3)    The Lord Chancellor may make an order prescribing—

           (a)           the date of a by-election, or

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           (b)           arrangements for determining the date of a by-election.

Disqualification for office, etc.

 19    Declaration of acceptance of office

     (1)    A person elected to the office of Community Prosecution Lawyer shall, within

a period of one month from the day of the election, make a declaration of

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acceptance of office.

     (2)    A declaration of acceptance of office and a record of acceptance of office shall

be in a form prescribed by the Attorney General by order.

     (3)    The declaration shall be made before—

           (a)           a Chief Crown Prosecutor,

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           (b)           two Crown Prosecutors,

           (c)           a justice of the peace or magistrate in England and Wales, or

           (d)           a commissioner appointed to administer oaths in the Supreme Court.

     (4)    As soon as practicable after a declaration has been made, and in any case

within a week, the person or one of the persons before whom the declaration

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was made shall deliver the record of acceptance of office to the Director.

     (5)    In any case where a record of acceptance of office has not been delivered to the

Director within a period of one month from the day of the election, the office

of Community Prosecution Lawyer shall be vacated.

 20    Resignation from office

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     (1)    A Community Prosecution Lawyer may at any time resign his office by

notifying the Director of a decision to do so in accordance with the provisions

of this section.

     (2)    A notification of resignation from office under this section shall be made in

writing and shall specify the date from which the resignation is effective.

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     (3)    The date specified in a notification under subsection (2) shall not be a date—

           (a)           prior to that on which the notification is made,

           (b)           more than three months after that on which the notification is made, or

           (c)           after the next campaign day.

     (4)    As soon as practicable after the Director receives a notification of resignation in

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accordance with the provisions of this section, he shall publish a notice of the

resignation, specifying the parliamentary constituency and the date from

which the resignation is effective.

     (5)    Where a notice has been published under subsection (4) relating to the

resignation of a Community Prosecution Lawyer, his office shall be vacated

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with effect from the date specified in that notice.

 

 

Draft Community Prosecution Lawyers Bill
Part 2 — Elections, disqualification, etc.

    10

 

 21    Disqualification by permanent infirmity

     (1)    Where the Attorney General is satisfied by means of a medical certificate that

a Lawyer is disabled by permanent infirmity from the performance of the

functions of his office, but is for the time being incapacitated from resigning it,

the Attorney General may, subject to the provisions of subsection (2), notify the

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Director of the Community Prosecution Lawyer’s disqualification by

permanent infirmity.

     (2)    A notification under this section shall be of no effect unless it is made with the

concurrence of the Director.

     (3)    A notification of disqualification under this section shall be made in writing.

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     (4)    As soon as practicable after the Director receives a notification of

disqualification in accordance with the provisions of this section, he shall

publish a notice of the disqualification, specifying the parliamentary

constituency.

     (5)    Where a notice has been published under subsection (4) relating to a

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Community Prosecution Lawyer, his office shall be vacated.

 22    Legal disqualification for office

     (1)    Where the name of a person who holds the office of Community Prosecution

Lawyer is removed from the Register of persons legally qualified to hold the

office of Community Prosecution Lawyer in accordance with the provisions of

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section 10, that person shall be disqualified.

     (2)    If a Community Prosecution Lawyer becomes disqualified under the

provisions of this section, his office shall be vacated.

     (3)    If a person who is disqualified under this section is returned as a Community

Prosecution Lawyer, his return shall be void.

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 23    Residency disqualification for office

     (1)    A Community Prosecution Lawyer shall be required for the effective period to

have his main residence in the parliamentary constituency in respect of which

he holds his office.

     (2)    A decision on whether or not a person meets the requirement specified in

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subsection (1) shall be made in the first instance by the Director.

     (3)    In any case where, under subsection (2), the Director decides that a person does

not meet the requirement specified in subsection (1), the Director shall inform

the person concerned in writing as soon as practicable, giving reasons for his

decision.

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     (4)    The Community Prosecution Lawyer concerned may appeal against a decision

under subsection (3) to the Attorney General.

     (5)    The decision of the Attorney General on whether or not a person meets the

condition specified in subsection (1) shall be final.

     (6)    If a Community Prosecution Lawyer becomes disqualified under this section,

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his office shall be vacated.

 

 

Draft Community Prosecution Lawyers Bill
Part 2 — Elections, disqualification, etc.

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     (7)    In this section “the effective period” means the period beginning with the day

of election and ending with the next campaign day.

 24    Disqualification for office: bankruptcy restrictions order

     (1)    The following shall be inserted after section 426C of the Insolvency Act 1986

(c. 45)—

5

       “426D                 Disqualification for office as a Community Prosecution Lawyer

           (1)           A person in respect of whom a bankruptcy restrictions order has effect

shall be disqualified—

                  (a)                 for holding the office of Community Prosecution Lawyer, and

                  (b)                 for seeking election to the office of Community Prosecution

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Lawyer.

           (2)           If a Community Prosecution Lawyer becomes disqualified under this

section, his office shall be vacated.

           (3)           If a person who is disqualified under this section is returned as a

Community Prosecution Lawyer, his return shall be void.

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           (4)           If a court makes a bankruptcy restrictions order or interim order in

respect of a Community Prosecution Lawyer, the court shall notify the

Director of Public Prosecutions.

           (5)           If the Secretary of State accepts a bankruptcy restrictions undertaking

made by a Community Prosecution Lawyer, the Secretary of State shall

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notify the Director of Public Prosecutions.”

     (2)    The Secretary of State may by order—

           (a)           make consequential amendment of section 426D of that Act (as inserted

by subsection (1) above);

           (b)           make other consequential amendment of an enactment.

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     (3)    An order under this section may make transitional, consequential or incidental

provision.

     (4)    An order under this section may not be made unless a draft has been laid

before and approved by resolution of each House of Parliament.

 25    Other disqualifications for office

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     (1)    A person disqualified for election under section 12 shall also be disqualified for

holding the office of Community Prosecution Lawyer.

     (2)    If a Community Prosecution Lawyer becomes disqualified under this section,

his office shall be vacated.

 26    Declaration of vacancy

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     (1)    Where an office of Community Prosecution Lawyer has been vacated in

accordance with—

           (a)           any of the provisions of sections 19 to 23 or section 25 of this Act, or

           (b)           section 426D of the Insolvency Act 1986,

            the Director shall, as soon as practicable thereafter, publish a declaration of

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vacancy.

 

 

Draft Community Prosecution Lawyers Bill
Part 3 — General

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     (2)    A declaration of vacancy shall specify—

           (a)           the parliamentary constituency concerned, and

           (b)           the date on which the vacancy began.

     (3)    A declaration of vacancy shall be published in such manner as the Director

thinks fit to enable the declaration to be readily available to members of the

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public.

 27    Offence of falsely acting as Community Prosecution Lawyer

     (1)    It shall be an offence for a person to act or claim to be entitled to act as a

Community Prosecution Lawyer outside the period specified in accordance

with the provisions of paragraph 5 of Schedule 1.

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     (2)    A person guilty of an offence under subsection (1) shall be liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

Part 3

General

 28    Expenses

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There shall be paid out of money provided by Parliament

           (a)           any expenditure incurred by

                  (i)                 a Minister of the Crown, or

                  (ii)                the Electoral Commission

                         under this Act; and

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           (b)           any increase attributable to this Act in the sums payable out of money so

provided under any other Act.

 29    Interpretation

In this Act—

                      “anti-social behaviour offence” means an offence designated in

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accordance with the provisions of Schedule 2 to this Act;

                      “area” means an area of England and Wales designated for the purposes

of section 1(4) of the Prosecution of Offences Act 1985 (c. 23) (Crown

Prosecution Service areas);

                      “Assistant Community Prosecution Lawyer” means a person so

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designated in accordance with the provisions of paragraph 3(2) of

Schedule 1 to this Act;

                      “by-election” has the meaning given in section 14;

                      “campaign day” means the day prescribed in accordance with regulations

under section 14;

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                      “a Chief Crown Prosecutor” means a person so designated under section

1(4) of the Prosecution of Offences Act 1985 (Crown Prosecution

Service areas);

                      “chief officer of police” has the same meaning as in section 101 of the

Police Act 1996 (c. 16) (interpretation);

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                      “conduct of proceedings” and cognate expressions shall be construed in

accordance with the provisions of section 15(3) of the Prosecution of

Offences Act 1985 (references to the conduct of proceedings);

 

 

Draft Community Prosecution Lawyers Bill
Part 3 — General

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                      “a Crown Prosecutor” means a person so designated under section 1(3) of

the Prosecution of Offences Act 1985 (c. 23) (designation of Crown

Prosecutors);

                      “Deputy Community Prosecution Lawyer” means a person so designated

in accordance with the provisions of paragraph 3(3) of Schedule 1 to

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this Act;

                      “the Director” means the Director of Public Prosecutions;

                      “institution of proceedings” and cognate expressions shall be construed in

accordance with the provisions of section 15(2) of the Prosecution of

Offences Act 1985 (institution of proceedings);

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                      “members of the legal staff of a Community Prosecution Lawyer” has the

meaning given in paragraph 3(6) of Schedule 1 to this Act;

                      “ordinary election” has the meaning given in section 14;

                      “parliamentary constituency” has meaning given in section 1 of the

Parliamentary Constituencies Act 1986 (c. 56) (parliamentary

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constituencies);

                      “police area” has the meaning given in section 1 of the Police Act 1996

(c. 16) (police areas);

                      “the Register” means the Register maintained in accordance with the

provisions of section 9 of this Act;

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                      “relevant police force” means a police force maintained by a police

authority under the Police Act 1996 for which the police area includes

the whole or part of the parliamentary constituency in respect of which

the Community Prosecution Lawyer is elected;

                      “responsibility for proceedings” has the meaning given in section 7 of this

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Act;

                      “staff of a Community Prosecution Lawyer” has the meaning given in

paragraph 3(6) of Schedule 1.

 30    Orders and regulations

     (1)    Every power conferred by this Act on a Minister of the Crown to make orders

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or regulations is a power exercisable by statutory instrument.

     (2)    A statutory instrument containing an order or regulations made in exercise of

any such power, other than—

           (a)           an order under section 32(1), or

           (b)           any order that is required, by any provision of this Act, to be laid before

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Parliament and approved in draft

            shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

 31    Minor and consequential amendments and repeal

     (1)    Schedule 3 (which makes minor and consequential amendments to other Acts)

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shall have effect.

     (2)    The provision specified in Schedule 4 is hereby repealed to the extent specified

in the second column of that Schedule.

 

 

 
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