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Prosecution of Offences Act 1985

1985 c. 23 · Enacted 23 May 1985 · Extends to England and Wales

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 29 June 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 22(11B)(a)(b)applied by 1998 c. 37 s. 47(1B) (as substituted)Judicial Review and Courts Act 2022 s. 12(3)
s. 10(2)(3)amendment to earlier affecting provision 2007 c. 27, Sch. 2 para. 4Border Security, Asylum and Immigration Act 2025 Sch. 2 para. 38(3)
s. 14amendment to earlier affecting provision 2007 c. 27, Sch. 2 para. 5Border Security, Asylum and Immigration Act 2025 Sch. 2 para. 38(4)

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

  1. Part I: The Crown Prosecution Service
  2. Constitution and functions of Service
  3. 1The Crown Prosecution Service.
  4. 2The Director of Public Prosecutions
  5. 3Functions of the Director.
  6. 4Crown Prosecutors.
  7. 5Conduct of prosecutions on behalf of the Service.
  8. 6Prosecutions instituted and conducted otherwise than by the Service.
  9. 7Delivery of recognizances etc. to Director.
  10. 7APowers of non-legal staff.
  11. Reports
  12. 8Reports to Director by chief officers of police.
  13. 9Reports by Director to Attorney General.
  14. Guidelines
  15. 10Guidelines for Crown Prosecutors.
  16. Transfer of staff, etc.
  17. 11Transfer of staff.
  18. 12Staff commission. Repealed
  19. 13Premises formerly used in connection with Director’s new functions. Repealed
  20. Miscellaneous
  21. 14Control of certain fees and expenses etc. paid by the Service.
  22. 15Interpretation of Part I.
  23. Part II: Defence, prosecution and third party Costs in Criminal Cases
  24. Award of costs out of central funds
  25. 16Defence costs.
  26. 16ALegal costs
  27. 17Prosecution costs.
  28. Award of costs against accused
  29. 18Award of costs against accused.
  30. Other awards
  31. 19Provision for orders as to costs in other circumstances.
  32. 19ACosts against legal representatives etc.
  33. 19BProvision for award of costs against third parties
  34. Supplemental
  35. 20Regulations.
  36. 21Interpretation, etc.
  37. Part 2A: Court costs in criminal cases
  38. 21ACriminal courts charge Repealed
  39. 21BCriminal courts charge: courts and times Repealed
  40. 21CAmount of criminal courts charge Repealed
  41. 21DInterest on criminal courts charge Repealed
  42. 21EPower to remit criminal courts charge Repealed
  43. 21FRegulations under this Part Repealed
  44. Part III: Miscellaneous
  45. 22Power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings.
  46. 22AAdditional time limits for persons under 18. Repealed
  47. 22BRe-institution of proceedings stayed under section 22(4) or 22A(5).
  48. 23Discontinuance of proceedings in magistrates’ courts.
  49. 23ADiscontinuance of proceedings after accused has been sent for trial.
  50. 24Restriction of vexatious prosecutions.
  51. 25Consents to prosecutions etc.
  52. 26Consents to be admissible in evidence.
  53. 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  54. 28Repeal of s. 9 of Perjury Act 1911. Repealed
  55. Part IV: Supplemental
  56. 29Regulations.
  57. 30Expenses.
  58. 31Short title, commencement and extent etc.
  59. Schedule 1: Minor and Consequential Amendments
  60. Part I: Amendments Relating to Part I
  61. The Magistrates’ Courts Act 1980 (c. 43)
  62. 1Paragraph 1 Repealed
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. The Contempt of Court Act 1981 (c. 49)
  66. 4Paragraph 4
  67. 5Paragraph 5
  68. Part II: Amendments Relating to Part II
  69. The Criminal Justice Act 1967 (c. 80)
  70. 6Paragraph 6
  71. The Administration of Justice Act 1970 (c. 31)
  72. 7Paragraph 7
  73. The Criminal Justice Act 1972 (c. 71)
  74. 8Paragraph 8 Repealed
  75. The Senior Courts Act 1981 (c. 54)
  76. 9Paragraph 9
  77. 10Paragraph 10
  78. Part III: Miscellaneous Not yet in force
  79. The Senior Courts Act 1981 (c. 54) Not yet in force
  80. 11Paragraph 11 Not yet in force
  81. Schedule 2Repeals