Section 365 Prosecuting officersI1I2I3
United Kingdom
The Director of Service Prosecutions (“the Director”) may appoint F1persons to be prosecuting officers.
F2A person may be appointed as a prosecuting officer only if he—
has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
is an advocate or solicitor in Scotland;
is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or
has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.
A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.
In this section “relevant territory” has the same meaning as in section 364.
Annotations
Textual amendments
- F1
Word in s. 365(1) substituted (23.12.2016) by Armed Forces Act 2011 (c. 18), ss. 21(a), 32(3); S.I. 2016/1232, art. 2
- F2
Words in s. 365(2) substituted (23.12.2016) by Armed Forces Act 2011 (c. 18), ss. 21(b), 32(3); S.I. 2016/1232, art. 2
Modifications
- C1
S. 365(4) excluded (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 27(1) (with art. 3)
Commencement
- I1
S. 365 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 365 in force at 6.5.2009 for specified purposes by S.I. 2009/1167, art. 3(a)
- I3
S. 365 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)