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Revised Statute from The UK Statute Law Database

Prosecution of Offences Act 1985 (c. 23)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

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Prosecution of Offences Act 1985

1985 CHAPTER 23

Contents

Go to Preamble

  1. Part I

    The Crown Prosecution Service

    1. Constitution and functions of Service

      1. 1. The Crown Prosecution Service

      2. 2. The Director of Public Prosecutions

      3. 3. Functions of the Director

      4. 4. Crown Prosecutors

      5. 5. Conduct of prosecutions on behalf of the Service

      6. 6. Prosecutions instituted and conducted otherwise than by the Service

      7. 7. Delivery of recognizances etc. to Director

      8. 7A. Powers of non-legal staff

    2. Reports

      1. 8. Reports to Director by chief officers of police

      2. 9. Reports by Director to Attorney General

    3. Guidelines

      1. 10. Guidelines for Crown Prosecutors

    4. Transfer of staff, etc

      1. 11. Transfer of staff

      2. 12. Staff commission

      3. 13. Premises formerly used in connection with Director’s new functions

    5. Miscellaneous

      1. 14. Control of certain fees and expenses etc. paid by the Service

      2. 15. Interpretation of Part I

  2. Part II

    Costs in Criminal Cases

    1. Award of costs out of central funds

      1. 16. Defence costs

      2. 17. Prosecution costs

    2. Award of costs against accused

      1. 18. Award of costs against accused

    3. Other awards

      1. 19. Provision for orders as to costs in other circumstances

      2. 19A. Costs against legal representatives etc

      3. 19B.Provision for award of costs against third parties

    4. Supplemental

      1. 20. Regulations

      2. 21. Interpretation, etc

  3. Part III

    Miscellaneous

    1. 22. Power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings

    2. 22A. Additional time limits for persons under 18

    3. 22B. Re-institution of proceedings stayed under section 22(4) or 22A(5)

    4. 23. Discontinuance of proceedings in magistrates’ courts

    5. 23A. Discontinuance of proceedings after accused has been sent for trial

    6. 24. Restriction of vexatious prosecutions

    7. 25. Consents to prosecutions etc

    8. 26. Consents to be admissible in evidence

    9. 27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    10. 28. Repeal of s. 9 of Perjury Act 1911

  4. Part IV

    Supplemental

    1. 29. Regulations

    2. 30. Expenses

    3. 31. Short title, commencement and extent etc

  5. SCHEDULE 1

    Minor and Consequential Amendments

  6. SCHEDULE 2

    Repeals

F1An 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:

Amendments (Textual)

F1Act: 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 etc. (not altering text)

C1By 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.

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