Prosecution of Offences Act 1985
1985 c. 23 · Enacted 23 May 1985 · Extends to England and Wales
C1F1An Act to provide for the establishment of a Crown Prosecution Service for England and Wales; to make provision as to costs in criminal cases; to provide for the imposition of time limits in relation to preliminary stages of criminal proceedings; to amend section 42 of the Supreme Court Act 1981 and section 3 of the Children and Young Persons Act 1969; to make provision with respect to consents to prosecutions; to repeal section 9 of the Perjury Act 1911; and for connected purposes.
[23rd May 1985]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Textual amendments
- F1
Act: for the words "Supreme Court Act 1981" wherever they occur there is substituted (prosp.) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2) [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]
Modifications
- C1
By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
Contents
- Part I: The Crown Prosecution Service
- Constitution and functions of Service
- 1The Crown Prosecution Service.
- 2The Director of Public Prosecutions
- 3Functions of the Director.
- 4Crown Prosecutors.
- 5Conduct of prosecutions on behalf of the Service.
- 6Prosecutions instituted and conducted otherwise than by the Service.
- 7Delivery of recognizances etc. to Director.
- 7APowers of non-legal staff.
- Reports
- 8Reports to Director by chief officers of police.
- 9Reports by Director to Attorney General.
- Guidelines
- 10Guidelines for Crown Prosecutors.
- Transfer of staff, etc.
- 11Transfer of staff.
- 12Staff commission. Repealed
- 13Premises formerly used in connection with Director’s new functions. Repealed
- Miscellaneous
- 14Control of certain fees and expenses etc. paid by the Service.
- 15Interpretation of Part I.
- Part II: Defence, prosecution and third party Costs in Criminal Cases
- Award of costs out of central funds
- 16Defence costs.
- 16ALegal costs
- 17Prosecution costs.
- Award of costs against accused
- 18Award of costs against accused.
- Other awards
- 19Provision for orders as to costs in other circumstances.
- 19ACosts against legal representatives etc.
- 19BProvision for award of costs against third parties
- Supplemental
- 20Regulations.
- 21Interpretation, etc.
- Part 2A: Court costs in criminal cases
- 21ACriminal courts charge Repealed
- 21BCriminal courts charge: courts and times Repealed
- 21CAmount of criminal courts charge Repealed
- 21DInterest on criminal courts charge Repealed
- 21EPower to remit criminal courts charge Repealed
- 21FRegulations under this Part Repealed
- Part III: Miscellaneous
- 22Power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings.
- 22AAdditional time limits for persons under 18. Repealed
- 22BRe-institution of proceedings stayed under section 22(4) or 22A(5).
- 23Discontinuance of proceedings in magistrates’ courts.
- 23ADiscontinuance of proceedings after accused has been sent for trial.
- 24Restriction of vexatious prosecutions.
- 25Consents to prosecutions etc.
- 26Consents to be admissible in evidence.
- 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 28Repeal of s. 9 of Perjury Act 1911. Repealed
- Part IV: Supplemental
- 29Regulations.
- 30Expenses.
- 31Short title, commencement and extent etc.
- Schedule 1: Minor and Consequential Amendments
- Part I: Amendments Relating to Part I
- The Magistrates’ Courts Act 1980 (c. 43)
- 1Paragraph 1 Repealed
- 2Paragraph 2
- 3Paragraph 3
- The Contempt of Court Act 1981 (c. 49)
- 4Paragraph 4
- 5Paragraph 5
- Part II: Amendments Relating to Part II
- The Criminal Justice Act 1967 (c. 80)
- 6Paragraph 6
- The Administration of Justice Act 1970 (c. 31)
- 7Paragraph 7
- The Criminal Justice Act 1972 (c. 71)
- 8Paragraph 8 Repealed
- The Senior Courts Act 1981 (c. 54)
- 9Paragraph 9
- 10Paragraph 10
- Part III: Miscellaneous Not yet in force
- The Senior Courts Act 1981 (c. 54) Not yet in force
- 11Paragraph 11 Not yet in force
- Schedule 2Repeals