Statutory Instrument 1988 No. 1121

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 1988

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© Crown Copyright 1988

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1988 No. 1121

CRIMINAL LAW, ENGLAND AND WALES

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 1988

The Attorney General in exercise of the powers conferred upon him by section 3(3) of the Prosecution of Offences Act 1985^[1], hereby makes the following Order:

    1.    This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 1988 and shall come into force on 1st August 1988.

    2.    In the Schedule to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1985^[2] (which lists the offences proceedings for which are specified for the purposes of section 3 of the Prosecution of Offences Act 1985, being proceedings excepted from the duty of the Director of Public Prosecutions under that section to take over the conduct of all criminal proceedings instituted on behalf of a police force), paragraph 3 shall be amended by the insertion of three offences under the Road Traffic Act 1972^[3] as follows—
 (a) after "33AA(3)," there shall be inserted "40(5)(b),"; and
 (b) after "44(1)," there shall be inserted "84(2), 143,".

    3.    No proceedings which have been instituted before this Order comes into force shall be treated as proceedings specified by virtue of this Order.

P. B. B. Mayhew

Her Majesty's Attorney General

27th June 1988

This Order adds three offences under the Road Traffic Act 1972 to those contained in the Schedule to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1985. The effect is that the duty of the Director of Public Prosecutions as head of the Crown Proscecution Service to take over the conduct of all criminal proceedings instituted on behalf of a police force will not include a duty to take over the conduct of proceedings for these further offences.

[1] 1985 c. 23. back

[2] S.I. 1985/2010. back

[3] 1972 c. 20. back