Section 5 Conduct of prosecutions on behalf of the Service.

England and Wales

(1)

The Director may at any time appoint a person who is not a Crown Prosecutor F1... to institute or take over the conduct of such criminal proceedings F2or extradition proceedings as the Director may assign to him.

F3(1A)

The Director may at any time appoint such a person—

(a)

to exercise a function of the Director under section 3(2)(ab) or (bb) in relation to a class or description of criminal proceedings specified in the appointment;

(b)

to exercise a function of the Director under section 3(2)(ee) in relation to—

(i)

such criminal proceedings as are specified in the appointment, or

(ii)

a class or description of criminal proceedings specified in the appointment; or

(c)

to appear in—

(i)

Revenue and Customs cash recovery proceedings specified in the appointment, or

(ii)

a class or description of Revenue and Customs cash recovery proceedings specified in the appointment.

(1B)

In subsection (1A)—

“Revenue and Customs cash recovery proceedings” means proceedings in which the Director or a Crown Prosecutor would otherwise appear by virtue of section 302A(2) of the Proceeds of Crime Act 2002 (cash recovery proceedings relating to revenue and customs matters).

(2)

Any person conducting proceedings assigned to him under F4subsection (1) or exercising functions by virtue of an appointment made under subsection (1A) shall have all the powers of a Crown Prosecutor but shall exercise those powers subject to any instructions given to him by a Crown Prosecutor.

F5(3)

Nothing in this section confers on a person appointed under subsection (1) who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)—

(a)

any rights of audience, or

(b)

any right to conduct litigation,

for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities).

(4)

The following provisions of the Legal Services Act 2007 accordingly do not apply to such a person—

(a)

paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and

(b)

paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).

Annotations

Textual amendments

F1: Words in s. 5(1) omitted (29.6.2026) by virtue of Victims and Courts Act 2026 (c. 19), ss. 11(3)(a), 18(2)
F2: Words in s. 5(1) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 190(4), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 3(2)))
F3: S. 5(1A)(1B) inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 3(2)
F4: Words in s. 5(2) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 1 para. 3(3)
F5: S. 5(3)(4) inserted (29.6.2026) by Victims and Courts Act 2026 (c. 19), ss. 11(3)(b), 18(2)

Notes on the whole Act

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]