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Home » Legal Resources » Legal Guidance » A to C » Consents to Prosecute

Consents to Prosecute

Updated 8 July 2010

Principle

Some offences cannot be instituted without the prior consent to prosecute of either the Attorney General (AG) or the Director of Public Prosecutions (DPP). In a limited range of terrorist offences connected to the affairs of a foreign State, the DPP cannot give consent without first having obtained the permission of the AG.

It is important to identify cases that require consent to prosecute at the pre-charge or initial review stage. A schedule of offences requiring consent is attached at Annex A. However, prosecutors should always read the offence-creating statutory provision when faced with an unfamiliar charge to check whether consent is required at some point in proceedings.

Consent cases are statutorily created, with the requirement for consent being imposed in order to prevent certain offences being prosecuted in inappropriate circumstances. In a memorandum to the 1972 Franks Committee, the Home Office set out five reasons why certain offences require consent:

  • To secure consistency in prosecution, e.g. where it is not possible to define the offence very precisely so that the law goes wider than the mischief aimed at or is open to a variety of interpretations;
  • To prevent abuse or bringing the law into disrepute, because the offence is a kind which may result in vexatious private prosecutions;
  • To enable account to be taken of mitigating factors, which may vary so widely from case to case that they are not susceptible to statutory definition;
  • To provide some central control over the use of the criminal law when it has to intrude into areas which are particularly sensitive or controversial, such as race relations; and
  • To ensure that prosecution decisions take account of important considerations of public policy or international nature such as may arise, for example, in official secrets or hijacking.

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Guidance

Timing of Consent

As a matter of good practice, consent should be obtained (if AG's consent) or given (if DPP's) at the earliest reasonable opportunity. If the case is submitted for pre-charge advice and a decision is made to prosecute, consent should be obtained or given at that stage.

If it is not possible to obtain the relevant consent before charge, i.e. because the suspect presents a bail risk, then the fact that consent is required should be noted on the MG3 and obtained as soon as reasonably practicable after charge. The case itself cannot proceed to the point where the defendant enters a plea, but initial remand hearings are permissible before consent has been obtained by virtue of Section 25(2) of the Prosecution of Offences Act 1985. This provides that the requirement for the prior consent of the Law Officers or DPP does not prevent the arrest or remand of a suspect charged with an offence. The effect of section 25 (2) is to allow certain procedural steps to take place prior to the obtaining of consent. These steps are:

  • the arrest without warrant of the suspect; or
  • the issue or execution of the warrant for arrest, of a person for any offence; or
  • a remand in custody or on bail for the person charged with the offence

The third power could be used, for example, where an accused who is remanded in custody wants to enter a guilty plea to a summary only or either way offence on the first appearance. If the AG's consent to prosecute is required but not yet been obtained, an application for an adjournment could be made, relying on section 25(2). Bail could be dealt with as part of that application, in the normal way.

You may be asked to give consent on behalf of the DPP over the telephone. This can be done, but only following a review of the case to the appropriate Code standard (whether threshold or full). Consent should not be given unless the case has been reviewed in accordance with the Code and both stages of the applicable Code Test are satisfied. Where consent is given over the telephone the appropriate form of consent should be completed and placed on the case file (see further under Form of Consent, below).

The legal requirement is for consent to have been obtained or given before the prosecution is 'instituted'. Case law establishes that proceedings are instituted for the purposes of the consent provisions when the accused comes 'to court to answer the charge', a stage which can now be taken to be beyond the formalities of charging and subsequent remands (see R v Elliott (1985) 81 Cr. App. R. 115; Whale and Lockton [1991] Crim. L. R. 692; R v Bull [1994] 99 Cr. App. R. 193, CA; R v Lambert (Goldan) [2009] EWCA Crim. 700).

In R v Bull the Court of Appeal reviewed the authorities on this point and also considered the effect of section 25 (2) of the Prosecution of Offences Act 1985 (POA). The Court held that the stage when a person 'comes to court to answer a charge' is when the case has proceeded beyond the formalities of charging and ensuing remands.

The general approach in Elliott, Whale and Lockton and Bull was confirmed by the Court of Appeal in Lambert (Goldan). In Lambert the issue for the court was whether at the plea before venue (PBV) hearing a defendant had come to court to answer the charge, or whether the PBV was included within the category of purely formal hearings permitted, by section 25(2) of the POA, to take place before consent had been obtained or given. On the basis that a defendant is invited to indicate a plea and may be treated as if convicted if a guilty plea is entered, the Court of Appeal decided that the PBV was 'a hearing of substance' quite distinct from a simple remand hearing, and that the appropriate consent had to be obtained before the PBV procedure took place.

The position as regards the timing of consent which arises from this case law may be stated as follows. Consent to prosecute must be obtained or given prior to the following events:

1. Where the prosecution is begun by summons or by the written charge and requisition process:

Before the information is laid (the information must state that it is laid on behalf of the DPP) or before issuing a written charge and requisition (where the process under section 29 of the CJA 2003 is available). Note, however, that in summary trials, unless objection is taken by the defence before the prosecution closes its case, the magistrates should act on the presumption that the duty on their clerk to ensure that all necessary consents were obtained before the summons was issued has been discharged

2. Where the prosecution is begun by arrest and charge:

Indictable Only Offences - Consent should be obtained or given before the service of the case. When this is not possible, the consent must be served prior to the effective Plea and Case Management Hearing. In Crown Court centres in which cases are routinely listed for preliminary hearings with a view to plea being entered at that hearing, the necessary consent must be obtained or given before the preliminary hearing.

Either Way Offences - before the hearing at which the plea before venue procedure takes place

Summary Offences - before the plea is taken.

3. If an offence is charged for the first time as a count on an indictment which has not yet been signed, consent must be obtained or given before the indictment is signed. If it is proposed to add a new count requiring consent to prosecute to an indictment which has already been signed, consent must be obtained or given before leave is sought to add the additional count.

4. Where it is proposed to proceed by way of a voluntary bill, any necessary consent to prosecute must be obtained or given before the application for the bill is made.

If consent is not obtained before the 'institution of proceedings', then the court will be acting without jurisdiction and, if convicted, the defendant will ordinarily be entitled to have his or her conviction set aside on conviction: R v Angel, 52 Cr. App. R. 280, CA; R v Pearce 72 Cr. App. R. (S) 295.

Any proceedings in the magistrates' court after the point at which consent should have been given will be a nullity and the prosecution has no choice other than to begin again. If a committal hearing has already been listed, it may be possible to lay an identical charge (consent having been obtained or given) at that hearing, invite the magistrates or District Judge to dismiss the original invalid matter, revert to PBV on the new charge, and commit it for trial at the same hearing.  This has the advantage of reducing delay to a minimum and, it is submitted, involves no prejudice to an accused such as would give rise to an abuse of process argument. It is advisable to give prior notice to all other parties of the intention to proceed in this way, where practicable.

By contrast, proceedings in the Crown Court are not rendered a nullity by lack of consent and any orders made in the course of proceedings (such as orders relating to bail status) will remain effective until set aside by the court itself, or on appeal: R v Cain [1985] A.C. 46. This affords the Crown Court the opportunity to regularise the position by using its power under section 66 of the Courts Act 2003 to reconvene as a magistrates' court. Provided a valid consent has been obtained by that point, the Crown Court Judge, exercising the jurisdiction of a District Judge, can then return to the point at which proceedings are instituted (i.e. the PBV in either way cases) and carry out all the subsequent procedures including committal for trial: see R v Lambert (Goldan) at paragraph 23.

Inchoate Offences

A conspiracy may involve the doing of an act by one or more of the parties, or the happening of an event, in a place outside England and Wales which constitutes an offence in that other jurisdiction. This situation is covered by section 1A of the Criminal Law Act1977 which provides that where (a) that act or event would be an offence by the law of that other country and (b) it would also be an offence here (but for the fact that it takes place outside the jurisdiction), then a person in England and Wales who becomes a party to the agreement or, being a party, does anything in pursuance of the agreement (even before its formation) can be charged with conspiracy contrary to section 1(1) of the Criminal Law Act 1977. Prosecutors should note, however, that by virtue of section 4(5) of the same Act, the prior consent of the Attorney General is required to prosecute offences to which Section 1A applies.

You should also note the judgment of the Court of Appeal in R v Sheppard and Whittle [2010] 1 Cr. App. R. 26. That case involved the publication of racially inflammatory material prepared and uploaded in England but made available through a web site hosted by a remote server located in California. This element of extra-territoriality did not exclude the jurisdiction of the English courts because a substantial measure of the crime took place in England.

Consent to Prosecute under the Explosive Substances Act 1883

Offences under the 1883 Act require the consent of the Attorney General to prosecute.

In these cases, as set out above Area and CPS Direct Lawyers should immediately make contact with the Counter Terrorism Division (CTD). For further details on how such cases are to be handled, see Legal Guidance on Explosives.

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Procedure

Form of Consent in Cases requiring the Prior Consent of the DPP

Where the consent of the DPP to institute proceedings is required, this may be given by a Crown Prosecutor by virtue of section 1(7) Prosecution of Offences Act (the 1985 Act). The decision to grant consent should be taken by applying the principles in the Code for Crown Prosecutors and CPS Legal Guidance. A Crown Prosecutor must specifically consider the case and decide whether or not proceedings should be instituted or continued.

The giving of consent follows from the fact that a case been the subject of a charging decision under the statutory charging procedure, applying the code test to the evidence and public interest.

Particular care is necessary, however, where additional charges requiring the DPP's consent are added after initial charge or as additional or alternative counts on the indictment.  Where this is contemplated, the question of consent must be specifically addressed before the additional charge is laid, or the indictment is amended.

Although there is no requirement for consent to be given in writing, the existence of a written record is helpful in answering any subsequent challenge on the point. Section 26 of the POA provides that any document purporting to be the signed consent of a Law Officer, the DPP or a Crown Prosecutor "shall be admissible as prima facie evidence without further proof".

Thus, although there is no requirement for consent to be signified in any particular form, where it is in writing and signed it is prima facie evidence of the existence of the relevant consent. Therefore, in all cases requiring the prior consent of the DPP, prosecutors should certify that this has been given by completing the appropriate form; see example at Annex A part 2 below. This is also available on Compass CMS.

Consent forms should remain on file but a copy should be provided to the Court if requested. If proceedings are to be commenced by summons, a copy should be given to Police to lay the information. The form must include:

  • Reference to the relevant statute
  • Defendant's name and address
  • Date of consent
  • Name and signature of the Crown Prosecutor consenting

In multi handed cases, consent forms should be prepared for each defendant. If the consent form is not completed at the time consent is given, full reasons for non-completion should be endorsed on the CPS file, signed and dated. The form should then be completed as soon as possible.

Obtaining the consent of the Law Officers

Note: If you are prosecuting a case that requires the consent of the Attorney General, and you have a query (whether on procedure or the law), then please contact the Attorney General's Office and speak to one of the lawyers who deal with consents. The switchboard number is 020 7271 2400.

By virtue of section 1 Law Officers Act 1997, the Solicitor General can exercise any of the functions of the Attorney General, including giving consent to a prosecution. A case that requires the consent of the Law Officers or the DPP must first be reviewed in accordance with the Code for Crown Prosecutors and any relevant CPS Legal Guidance. You should also check the location of casework some cases must be referred to HQ Casework Divisions or the Principal Legal Advisor, or referred to or notified to the CCP/ Legal Directors (London) see Referral of cases elsewhere in the Legal Guidance.

The prosecutor's role in applying for Attorney General's consent is

  • to review the case in accordance with the Code for Crown Prosecutors and recommend suitable charges;
  • to supply documents in accordance with the procedure set out below; and
  • to select appropriate counsel (if required).

The Chief Crown Prosecutor, Legal Director (London) or Head of Casework Division must:

  • ensure that the case has been reviewed correctly and in accordance with the Code for Crown Prosecutors;
  • check that the papers are prepared to a sufficient high standard, and to refer any deficiencies back to the prosecutor.

Bear in mind that, before giving consent, the Law Officers will have regard to the Code for Crown Prosecutors in respect of each proposed defendant on each proposed charge. Where the prosecutor considers that the evidential stage of the Full Code Test is met but the public interest does not require a prosecution, the prosecutor should, via the relevant CCP or Legal Director (London), contact the Attorney General's Office to discuss whether the case is one where the Attorney might reasonably want to be consulted. Under no circumstances should Area lawyers reject AG consent cases on public interest grounds without prior consultation with AGO, if the evidential stage of the Full Code Test is met.

Where there is a choice of charges, one or more of which requires the Attorney General's consent, the prosecutor may select a charge not requiring the Attorney General's consent in accordance with section 6 of the Code for Crown Prosecutors, i.e., where those charges reflect the criminality of the conduct and would give a court adequate sentencing power. In such an instance, there is no requirement to refer the case to the AGO.

Procedure for obtaining the Law Officers' consent

The following paragraphs provide a checklist of the material that must be provided to the Attorney General's Office. The whole case file need not and must not be sent as a matter of course. Original documents should not be sent.

1. Draft Charges/Indictment.

2. Typed submission from the prosecutor. This could be in the form of a review note/MG3, an advice or a letter, and it must:

  • contain a summary of the facts. A police summary may be sufficient, but only if it is clearly suitable for these purposes;
  • identify all the issues in the case;
  • contain an explanation of each charge in relation to each defendant;
  • cross refer to statements and exhibits; the relevant page numbers must be referred to in brackets. Markings must be then made in the margins on the cross-referenced page, highlighting the exact passage referred to;
  • highlight any issues as to timing;
  • bring to the Attorneys attention any other issues or sensitivities surrounding the matter; and
  • describe how the prosecution intends to put the case.

3. Counsel's Advice, where it has been obtained and only if it clearly contains all the above elements. It need not necessarily be sent as a matter of course.

4. Copies of key statements, i.e. those that are necessary to demonstrate that the evidential stage of the Full Code Test is met. In cases requiring the consent of the Law Officers, the public interest test is a matter for the Attorney General; therefore please ensure that all documentation that is relevant to the public interest test is also sent.

Statements must be paginated and indexed, and placed in order of the events. Do not send large bundles of irrelevant statements, since the aim is to provide a bundle of core statements and exhibits which will allow the Attorney General to gain a clear understanding of the case.

5. Copies of key exhibits (including video / tape), applying the same principles and practice as with key statements, above.

6. Any other key documents which may be of particular relevance for the Attorney General. These may be antecedents of a witness, information provided by the police, or unused material.

7. Antecedents of the accused or prosecution witness/es (if applicable).

8. Details of the prosecutor with conduct of the case.

It is important that the name and address of the defendant is stated accurately. Applications for consent should be sent to:

Attorney General's Office
20 Victoria Street
London
SW1H 0NF
General Enquiries: 020 7271 2400

A lawyer at the AGO will then review the papers before placing them before the Attorney General or Solicitor General. If there are deficiencies in the papers, the lawyer at the AGO will speak to the CCP/Legal Director (London)/Head of Casework Division and explain what the problem is and discuss how it should be rectified.

Timing of application for Law Officers' consent

It is essential that the Law Officers are allowed sufficient time to consider the case.  The length of time required will depend on the nature and complexity of the case and the quality of the application. A minimum of two weeks will be required in a straightforward case, but considerably longer will be required in the more complex matters.

Involvement of the AGO as the case progresses

When the Attorney General gives consent for a prosecution to take place, the Attorney will maintain an interest in the progress of the case. For example, once consent has been given, only the Attorney can authorise the withdrawal of a charge requiring consent, unless there are exceptional circumstances. The AGO should be kept informed of the case progress, consulted on key decisions and in particular, briefed as to change of circumstances which may make a continuing prosecution untenable. When the case is completed, CPS should notify the AGO of the result and sentence imposed.

Discontinuing/accepting pleas in AG consent cases

It follows from the above that if consent has been given by a Law Officer and proceedings are not pursued then the AGO should be consulted or informed. The AGO should be consulted when major changes to the charges are proposed in a case where the Attorney General was the consenting authority, and, also, when it is proposed to accept pleas to lesser charges than those for which consent had originally been granted.

Institution and Prosecution of Offences under the Customs and Excise Acts

Background to Present Position

The Revenue and Customs Prosecutions Office ("RCPO") was established on the 1st April 2005 under the Commissioners for Revenue and Customs Act 2005 ("CRCA"). It created the post of Director of Revenue and Customs Prosecutions ("DRCP") and authorised him to institute and conduct criminal proceedings in England and Wales relating to criminal investigations by the Revenue and Customs.

Section 37 of the CRCA authorises the DRCP to designate any member of RCPO (to be known as a "Revenue and Customs Prosecutor") to exercise any of his functions. It is from this provision that RCPO prosecutors derive the authority to institute and conduct criminal proceedings in relation to criminal investigations carried out by the Revenue and Customs.

Certain offences, detailed below, can only be prosecuted by agencies other than RCPO with the consent of the DRCP (or the Commissioners of Revenue and Customs or one of the Law Officers; see section 145 (1) of the Customs and Excise Management Act 1979 ("CEMA")). The DRCP's power to grant consent cannot be delegated; i.e. the DRCP must personally make the decision with regard to the granting of consent to prosecute those offences which require consent.

Following the merger of the RCPO with the CPS on the 1st January 2010, the Director of Public Prosecutions was appointed as DRCP. The two roles which the Director holds derive from two separate pieces of legislation, i.e. the CRCA (in respect of his role as DRCP) and the Prosecution of Offences Act 1985 (in respect of his role as DPP).

Section 40 of CRCA provides that a member of the RCPO may not disclose information which it holds in connection with any of its functions and which relates to a person whose identity is specified in the disclosure or can be deduced from it. A person who does so commits an offence. The rationale behind this prohibition is the need to ensure that the confidentiality of taxpayers' personal information is preserved.

This means that although the DPP and the DRCP are one and the same person, a request to prosecute can only be considered by him when acting as the DRCP and never as the DPP, as this could risk a breach of Section 40 CRCA.

Who has authority to institute proceedings to prosecute offences under the Customs and Excise Acts?

Any prosecutor who has been designated under Section 37 of the CRCA can institute proceedings in respect of offences under the Customs and Excise Acts. This phrase is defined in section 1(1) of CEMA to include, as well as CEMA itself,

  • the Customs and Excise Duties (General Reliefs) Act 1979;
  • the Alcoholic Liquor Duties Act 1979;
  • the Hydrocarbon Oil Duties Act 1979;
  • the Tobacco Products Duty Act 1979; and

"any other enactment for the time being in force relating to customs or excise". Section 145(1) CEMA also applies to offences under the Value Added Tax Act 1994, and certain other revenue offences. See Annex 1 Part 2 for a full listing of the relevant offences.

What is the practical effect of the merger between CPS and RCPO?

All former RCPO prosecutors in the CPS retain their designation and have the authority to institute and continue proceedings in relation to Customs and Excise Act offences. This includes all lawyers in the Revenue and Customs Division ("RCD"), all lawyers in the UKBA Unit within OCD and all RCPO lawyers within the Proceeds of Crime Unit.

Where any non-RCPO designated lawyer (whether from the CPS or from any other prosecuting authority, for example DEFRA or DWP) wishes to institute proceedings for a Customs and Excise Act offence, the consent of the DRCP must be sought and obtained (section 145(1) CEMA). 

The UK Border Agency (UKBA) took over investigation of all non-fiscal smuggling offences in December 2009. On 2 December 2009 the Attorney General assigned to the DPP the power to prosecute UKBA investigated cases using the general power of assignment under section 3(2)(g) of the Prosecution of Offences Act 1985. Where a designated RCPO prosecutor institutes such proceedings, consent is not required and the case can be passed to another CPS division, unit or area for it to be progressed. In all other cases, the DRCP's consent will be required.

Procedure for obtaining consent

The procedure for obtaining the DRCP's consent is as follows:

  • The request for consent should be sent to the RCD, Commercial Prosecutions and Policy team, for the attention of the designated 'Single Point of Contact' (SPOC), via the consents inbox at RCDrequestsforconsent@rcpo .gsi.gov.uk.;
  • The request must confirm that the Full Code Test (FCT) stages of evidential sufficiency and public interest, as set out in the Code for Crown Prosecutors, have been applied, and explain why those stages are satisfied in respect of each and every defendant for whom consent is sought.
  • It must also explain why the criminal investigation was conducted by a law enforcement agency other than HMRC which may include details of how and when the case was passed by HMRC to another investigating authority.
  • The best source for information is the charge sheet, or draft indictment and the police, prosecutor or Counsel's summary of evidence, whichever is relevant.
  • The SPOC will consider the papers and decide whether the Code test has been properly applied by the prosecuting authority. This is of particular significance in relation to the public interest stage of the FCT in tax offences, where the non-RCPO prosecutor may not be as familiar with the civil sanctions that may have been applied to suspects by HMRC. In certain cases these can provide an argument that there is an abuse of process when individuals are then additionally prosecuted.
  • Should the SPOC consider that further information is required she will contact the applicant prosecuting authority with a request for such further information to enable the matter to be properly considered and for a submission to be drafted for the DRCP.
  • When the SPOC is satisfied that she has sufficient information a submission will be drafted containing a recommendation, either to grant consent or not. Where the recommendation is to grant consent, the submission will be accompanied by a draft Consent Notice. This will then be submitted to the DRCP's Private Office via the Submissions inbox.
  • When the DRCP decides to grant consent, he will sign the Consent Notice/s and return the same to the SPOC who will retain the original signed Notice and send a copy with a covering letter to the applicant prosecuting authority; an example of the Notice is shown at Annex 2 below.
  • When the DRCP decides not to grant consent, a letter to that effect will be sent to the applicant prosecuting authority with any relevant recommendation that the DRCP considers appropriate.

This procedure should be followed in every case to which it applies. Best practice is to seek consent at the earliest opportunity.

In the case of proceedings which are instituted by way of laying information in order to obtain a summons, consent must be obtained before the laying of information; otherwise the proceedings will be void.

Sometimes it is not possible to secure consent prior to a matter being charged. It is possible and proper in such cases to rely upon section 145(6) CEMA which enables any court, before which someone who has been arrested for any offence for which they are liable to be arrested under the Customs and Excise Acts is brought, to deal with the case even where proceedings have not been instituted in accordance with the section: R v Keyes and Others [2002] 2 Cr. App. R. 181, CA. However, consent should then be sought as soon as possible after any preliminary hearings and in any event prior to the PBV procedure (in an either way case), service of the case or the effective PCMH in an indictable only case or, in summary only cases, a guilty plea being entered or a trial taking place.

Queries in respect of this part of the guidance can be directed to the SPOC via the above e-mail address.

Request for DPP Consent from other Prosecuting Agency

This may occasionally arise. If consent is given, it should be accompanied by a request to the agency to supply details of the result of the case. See also Relations with other prosecutions Agencies elsewhere in Legal Guidance.

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Annex 1

Part One: Schedule of Offences Requiring Consent For Prosecution

Agricultural Credits Act 1928

Offence: Restriction on publication of agricultural charges. S10(1): offence of printing for publication or publishing any list of agricultural charges or the names of farmers who have created agricultural charges
Requirement: S10(3): AG

Agriculture & Horticulture Act 1964

Offence: In relation to any offence created in Part III of the Act which makes provisions regarding the grading and transport of fresh horticultural produce.
Requirement: S20(3): AG or Minister, SoS

Agricultural Land (Removal of Surface Soil) Act 1953

Offence: Removal of surface soil from land in certain circumstances; and for purposes connected therewith. Consent required in relation to any offence created by the Act.
Requirement: S3: DPP or AG

Agricultural (Miscellaneous Provisions) Act 1954

Offence: Offences under S9(5): of wilfully depositing anything unsuitable for animal feeding stuffs in any receptacle provided by the local authority for that purpose. S9(6): concerning offences against bylaws regulating the collection of waste for animal feeding stuffs.S9(7): further provides that local authorities in whose area the offence is alleged to have been committed may take proceedings
Requirement: S9(7): DPP or Local Authority

Air Force Act 1955

Offence: S132: Limitation of time for trial of offences under this Act. The AG must consent to prosecutions for civil offences committed by Air Force personnel outside the United Kingdom. S204A: provides that no enactment, with the exception of the above, S132(1) and S132(2), which requires the consent of the AG or the DPP shall have effect under the above Act
Requirement: S204A: AG or DPP

Animals (Scientific Procedures) Act 1986

Offence: In relation to offences under the Act or under S1 of the Protection of Animals Act 1911 where it is alleged that the offence was committed in respect of an animal at a designated establishment. Under S26(3): time limits for summary offences (animals) may be extended where, in the opinion of the DPP, this is justified
Requirement: S26(1)(b): DPP

Antarctic Act 1994

Offence: In relation to all offences under the Act which, provides for the taking of criminal proceedings against, and the punishment of, British citizens and others in respect of certain acts and omissions occurring in that part of Antartica that lies between 150 degrees West longitude and 90 degrees West Longitude; and for connected purposes.
Requirement: S28(1)(a): SoS, S28(1)(b): DPP

Army Act 1955

Offence: S132: limitation of time for trial of offences under military law S204A: provides that no enactment, with the exception of the above, which requires the consent of the AG or the DPP shall have effect under the above Act
Requirement: S132(3A): AG, S204A: AG or DPP

Atomic Energy Act 1946

Offence: S11: restriction disclosure of information relating to an atomic plant. S14(4): an offence of disclosure of information relating to a plant to any other person except an authorised person without the consent of the Minister under s11
Requirement: S14(4): DPP

Auctions (Bidding Agreement) Act 1927

Offence: This Act renders illegal certain agreements and transactions affecting bidding at auctions.S1: which renders certain bidding agreements to be illegal.NB: The consent of the Solicitor-General will also suffice.
Requirement: S1(3): AG

Aviation Security Act 1982

Offence: Offences against the safety of aircraft under; S1: hijacking, S2: destroying, damaging or endangering safety of aircraft, S3: other acts endangering or likely to endanger safety of aircraft, S5: jurisdiction of courts in respect of air piracy and S6: ancillary offences
Requirement: S8(1)(a): AG

Aviation and Maritime Security Act 1990

Offence: Offence against endangering safety at aerodromes, see S1: endangering safety at aerodromes
Requirement: S1(7): AG

Bail Act 1976

Offence: S9(1): agreeing to indemnify sureties in criminal proceedings
Requirement: S9(5): DPP

Banking Act 1987

Offence: S106(1): Offences (consent in S41 investigation on behalf of the [Authority] authority meaning [Financial Services Authority] and S96 Any offences under the act respectively). S96(5)(a): any offence under the Act. Proceedings may also be brought by or on behalf of, the bank
Requirement: S96(5)(a): DPP or Local Authority

Biological Weapons Act 1974

Offence: S1 offence of developing certain biological agents and toxins and biological weapons
Requirement: S2(1)(a): AG

Broadcasting Act 1990/Broadcasting Act 1996

Offence: S2 of the Obscene Publications Act 1959 of publishing an obscene article as defined
Requirement: Schedule 15 paras 4(1) & 4(2): DPP

Building Act 1984

Offence: Any offence created by or under the Act unless proceedings are taken by a party aggrieved or local authority or body whose function it is to enforce the provision in question
Requirement: S113: AG

Building Societies Act 1986

Offence: DPP's consent is not required if proceedings are brought by the Building Societies Commission see S96(5) & (6): Banking Act 1987. S96(6): substitution for references to the [Authority] of reference to the Building Societies Commission under s(5) of Building Society Act 1986
Requirement: S96(5): DPP

Cancer Act 1939

Offence: S4(1): offence of advertising cancer treatments
Requirement: S4(6): AG or SG

Cereals Marketing Act 1965

Offence: In relation to any offence created by the Act which provides for the establishment of a Home - Grown Cereals Authority and to make provision as to the functions and finances of the Authority; and for purposes connected therewith. S.22(1)(a): Home - Grown Cereals Authority may also bring proceedings in relation to proceedings for an offence under the Act
Requirement: S22(1)(b): DPP

Charities Act 1993

Offence: S94(1): in relation to an offence under, S5: status of registered charity (other than small charity) to appear on official publications etc, S11: supply of false or misleading information to Commissioners, etc, S18(14): power to act for protection of charities, S49: offence to be persistently in default, S73(1): persons acting as charity trustee while disqualified
Requirement: S94(1): DPP

Chemical Weapons Act 1996

Offence: S31(1)(a): in relation to offences of using chemical weapons or constructing premises or equipment for producing chemical weapons under S2: use, etc. of chemical weapons, S11: premises or equipment for producing chemical weapons. By S31(2): offences under the Act other than those in these sections can only be instigated by or with the consent of the SoS
Requirement: S31(1)(a): AG, S31(2): SoS

Child Abduction Act 1984

Offence: S1: offence of abduction of a child by parent, S5: Restrictions on prosecutions for offence of kidnapping.
Requirement: S4(2): DPP

Children & Young Persons (Harmful Publications) Act 1955

Offence: S2(1): printing/publishing/selling works etc which would tend to corrupt children
Requirement: S2(2): AG

Civil Aviation Act 1982

Offence: S44(11): Securing rights over land, S45(7)(a): restricting use of land to secure safety, S50(6): provides that the CAA may institute proceedings in a case falling within S50(6)(1)(a)-(c) and that in a case falling within S50(6)(1)(d): the person in respect of whom the order in question has been, or is to be, made, may institute proceedings, S50(6)(a): entry of CAA onto land for surveying purposes. S83 (3)(a): recording and registration of births and deaths on aircraft. S92(2)(a): proceedings for any offence under the law in force in, or in part of, the UK committed on board an aircraft while in flight elsewhere than in or over the UK, subject to any provision to the contrary passed after July 14 1967
Requirement: S44(11), S45(7)(a) & S83(3)(a): SoS or DPP, S92(2)(a) :DPP Note: where the offence is one contrary to the Air Navigation Order 2005, section 92(2)(a) is disapplied, and the DPP's consent is not required.

Clean Air Act 1993

Offence: All offences in relation to the Act
Requirement: AG

Coal Industry Act 1994

Offence: S7 : the authority shall not (a) acquire land or hold shares in or other securities of any body corporate or otherwise become a member of the body corporate or (b) lend money to any person or guarantee or otherwise provide security for a loan made to any person.
Requirement: S5(8): Treasury or SoS under S7

Coal Industry Nationalisation Act 1946

Offence: S59 :offences committed by body corporate, the director, an officer of the body corporate would be deemed guilty of that offence unless proven the offence was committed without the consent or connivance of the latter (prospectively repealed by s67(8) of Sch 11 Coal Industry Act 1994, not yet in force)
Requirement: S59(1): DPP

Companies Act 1985

Offence: S210, 324, 329, 447 - 451 and 455. S732(2)(a): relates to offences underhand of the Act. S210: other provisions about notification under disclosure of interests in shares, S324 :duty of director to disclose shareholdings in own company, S329: duty to notify stock exchange of matters notified under proceedings sections, S732(2)(b): relates to offences under S447: SoS powers to require production of documents, S448: entry and search of premises, S449 :provisions for security of information obtained, S450: punishment for destroying, mutilating, etc. company documents, S451: punishment for furnishing false information. S732(2)(c): provides that for an offence under S455: punishment for attempted evasion of restrictions only the SoS can grant consent.
Requirement: S732(2)(a) & S732(2)(c): DPP or SoS, S732(2)(b): Industrial Assurance Commissioner, S455: SoS

Companies Act 1989

Offence: S85: penalty for failure to comply with requirements, etc, S86: restrictions on disclosure of information, S89: failure to supply information
Requirement: S85: DPP, S86: SoS, S89(a): DPP or SoS

Consumer Protection Act 1987

Offence: S11: allows the SoS to require the consent of the DPP for proceedings brought for any safety regulations made under the Act
Requirement: S11(3)(c): DPP or SoS

Contempt of Court Act 1981

Offence: S7 :relates to the proceedings for contempt under the strict liability rule. S8: relates to the proceedings for contempt regarding breaches of confidentiality of jury deliberations. In both cases a court having jurisdiction may of its own motion bring proceedings
Requirement: S8(3): AG or Court

Control of Pollution Act 1974

Offence: S61: prior consent for work on construction site, and contravening disposal licence; breach of regulations; prohibiting/restricting importation/use of injurious substances. S36(8): repealed by Water Act 1989 s190(3), Sch27 Pt1. S100: repealed by Environment Protection Act 1990 s162(2)(5), Sch 16 Pt IX
Requirement: DPP

Coroners and Justice Act 2009

Offence: S62: Possession of Prohibited Images of Children
S62(9): DPP

Criminal Attempts Act 1981

Offence: S2(1): provides any provision to which the section applies shall have effect with respect to an offence under s1 of attempting to commit an offence as it has effect with respect to the offence committed. S2(2)(a) :expressly provides that any consent provisions in those offences apply equally to attempts
Requirement: S2(2)(a): AG or DPP as appropriate to full offence

Criminal Justice Act 1987

Offence: S11: offence of breach of reporting restrictions under s11 of the Act
Requirement: S11(3): AG

Criminal Justice Act 1988

Offence: S134: torture by a public official in the course of his duties in relation to offences of torture under s134 of the Act. S160(4) possession of indecent photograph of a child
Requirement: S135(a): AG or DPP as indicated

Criminal Justice (International Co-operation) Act 1990

Offence: S21(2)(a): proceedings under Part II of Sch 3 of the Act.
Requirement: S21(2)(a): DPP or The Commissioners of Customs and Excise

Criminal Law Act 1967

Offence: an offence under S4(1) of doing any act with intent to impede the arrest or prosecution of any person knowing or believing that person to have committed an arrestable offence. S5(3): giving false information - causing wasteful employment of the police
Requirement: S4(4): DPP

Criminal Law Act 1977

Offence: S1: Conspiracy. S1A: (inserted by Criminal Justice (Terrorism and Conspiracy) Act 1998 and amended by the Coroners and Justice Act 2009): Conspiracy to commit offences outside England and Wales. S9: Trespassing on the premises of foreign missions.
S4(1): provides that the DPP's consent is required for summary only proceedings. S4(2): provides that where the substantive offence in question would require the consent of the AG then on a charge of conspiracy such consent is also required, if necessary substituting that of the DPP set out in S4(1). S4(5): no proceedings for an offence triable by virtue of section 1A may be instituted except by or with the consent of the AG. S9(6): provides that the proceedings for the offence of trespassing on premises of foreign missions created by S9 require the consent of the AG.

Customs & Excise Management Act 1979

Offence: S145(1) :provides that no proceedings for an offence under the Customs & Excise Acts shall be instituted except by order of the Commissioners. S145(5): provides that this does not affect the institution of such proceedings by the Law Officers. For a fuller list of C&E offences see Part 2 of this Annex.
Requirement: S145 (1) & S145(5): Director of Revenue and Customs Prosecutions, Commissioner or Revenue and Customs, or Law Officer of the Crown.

Data Protection Act 1984

Offence: S19(2)(4): Any offence under the Act
Requirement: S19(1)(a): DPP or The Data Protection Registrar

Electricity Act 1989

Offence: S29: regulation relating supply and safety, SS59: making of false statements, etc
Requirement: S29(4) : DPP, S59(3): DPP or SoS

Emergency Laws (Re-enactments and Repeals) Act 1964

Offence: offence against an order or direction under S1: hire-purchase control, S2: power of treasury to prohibit action on certain orders as to gold, etc. Offences against orders/directions ss1 or 2
Requirement: S14(1): DPP or Treasury or Board of Trade

Energy Act 1976

Offence: S6 :bulk stocks of petroleum. Sch 2 para 6(1) offence for contravening or failing to comply with a direction of the SoS under s6 of the Act. Para 6(2) :contravening or failing to comply with price controls. Consent of the SoS will suffice. Proceedings may also be taken by or on behalf of a local weights and measure authority
Requirement: Sch 2 para 6(1) or Para 6(2): SoS or DPP

Energy Act 1983

Offence: Part I (regs under S16)
Requirement: DPP

Environmental Protection Act 1990

Offence: S118: various offences under that section
Requirement: S118(10) :DPP or SoS

Explosive Substances Act 1883

Offence: S7(1): any offence under the Act
Requirement: S7(1): AG

Explosives Act 1875

Offence: All offences. S91: prosecution of offences either summarily or on indictment in the court of summary jurisdiction
Requirement: DPP

Finance Act 1989

Offence: S182: disclosure of official information
Requirement: S182: DPP

Financial Services and Markets Act 2000

Offence:S401: provides that proceedings for an offence under this act may be instituted only by the Authority or the Secretary of State; or by or with consent of the DPP.
Requirement: S401: Sec of State, Authority or DPP

Firearms Act 1968

Offence: S22(3):extends time-limits for prosecution of any summary offence except under S22(3) or air weapon offence
Requirement: S51 (4): DPP

Fraudulent Mediums Act 1951

Offence: S1(1): with intent to deceive purporting to act for reward as a spiritualistic medium etc. using any fraudulent device.
Requirement: S1(4): DPP

Gas Act 1965

Offence: S21(2): offences against Part II (underground storage of gas by gas authorities
Requirement: DPP

Gas Act 1986

Offence: S43(1): unauthorised supply; false statements
Requirement: S43(2): DPP or SoS

Geneva Conventions Act 1957

Offence: S1(3): grave breaches of conventions unauthorised use of Red Cross emblem and others
Requirement: S6(7) :DPP

Genocide Act 1969

Offence: S(1): offence of genocide as defined in Article II of the Genocide Convention as set out in the Schedule to the Act
Requirement: S1(3): AG

Highways Act 1980

Offence: S312(2): offences under S167: powers relating to retaining walls near streets and SS177 :restriction on construction of building over highways, or bylaws made under them and the provisions of the Act specified in sch 22. Proceedings may also be taken by a person aggrieved or by the highway authority or council having an interest in the enforcement of the provisions of bylaws in question. S312(3) :provides that a constable may take proceedings for an offence under S171(6)(b): fails to comply with directions given in writing by highway authority e.g. erection and maintenance of traffic sign in connection with deposit or excavation. S171(6)(c): places materials, rubbish or makes excavation and causes obstruction must be fenced and well lit. S174: precautions to be taken by persons executing works in street without the consent of the AG
Requirement: S312(1): AG

Horticultural Produce Act 1986

Offence: S5(c) :agricultural marketing - applies S20(3) of the Agriculture and Horticulture Act 1964 (see above) to all offences under the Act
Requirement: S5(c) :AG or Minister of Agriculture, Fisheries and Food

Housing Acts 1985

Offence: S338(1)(a)(b): notice to abate overcrowding and common lodging houses
Requirement :S339(2)(a)(b): AG if pros against LA

Housing Association Act 1985

Offence: S27(4): responsibility for securing compliance for accounting requirements. S30 (6) contravention of order not to part with association money or securities without the approval of the Housing Corporation under S30(1)(c).
Requirement : DPP or Corporation

Human Fertilisation & Embryology Act 1990

Offence: All offences S41
Requirement: S42(a): DPP

Human Organ Transplant Act 1989

Offence: S1 and 2: commercial dealing in organs and breaching restrictions on transplants between persons not genetically related
Requirement: S2(3): DPP

Incitement to Disaffection Act 1934

Offence: S3(2): in relation to any offence under the Act
Requirement: S3(2): DPP

Income & Corporation Taxes Act 1988

Offence: S766(4): in relation to S765: (unauthorised migration of UK companies) which makes certain transactions unlawful if they are conducted without the Treasury's consent
Requirement: S766(4) :AG

Insolvency Act 1986

Offence: Ch 4: bankruptcy offences S218(1): DPP shall be prosecuting authority for offences committed in relation to a company which is being wound up
Requirement: S218(2)(a): DPP

Interception of Communications Act 1985

Offence: S1(1): unauthorised interception of postal or telephone communications
Requirement :S1(4)(a): DPP

Internationally Protected Persons Act 1978

Offence: S2(1): in relation to an offence which would not be an offence apart from s1 (attacks and threats on protected persons), disregarding the provisions of the Suppression of Terrorism Act 1978 and the Nuclear Material (Offences) Act 1983
Requirement: S2(1)(b) : AG

Iraq (United Nations Sanctions) Order 2003

Offence: S.I. 2003/1519 Any offence under the order, other than a summary offence.
Requirement: Art 20(15): AG

Judicial Proceedings (Regulation of Reports) Act 1926

Offence: S1(3): in relation to any offence under the Act.
Requirement: S1(3): AG

Law of Property Act 1925

Offence:S183: Fraudulent concealment of document and falsification of pedigrees
Requirement: S183(4): AG

Law Reform (Year and a Day Rule) Act 1996

Offence: In relation to proceedings under S2(2): against a person for a fatal offence where (a) the injury alleged to have caused the death was sustained more than three years before the death occurred or (b) the person has previously been convicted of an offence committed in circumstances alleged to be connected with the death.
Requirement: S2(4): AG

Legal Aid Act 1988

Offence: S38(5): Improper disclosure of information relating to the seeking or receiving of advice under that section
Requirement: S38(5): AG

Local Government Act 1972

Offence: s94(1): member of local authority failing to disclose pecuniary interest
Requirement: S94(3): DPP

Local Government & Housing Act 1989

Offence: In relation to an offence under S19(2)(a)(b) of failure to disclose members interests or giving misleading information
Requirement: S19(3): DPP

Lotteries & Amusements Act 1976

Offence: S2(1)(iii): in respect of any matter published in a newspaper (to induce persons to participate in a lottery)
Requirement: S3: DPP

Magistrates' Courts Act 1980


Offence: offence of breaching reporting restrictions on committal proceedings under that section
S71(4) :offence of breaching reporting restrictions on domestic proceedings under that section
Requirement:S8(6) & S71(4): AG

Marine and Broadcasting (Offences) Act 1967, as amended by Schedule 16 of the Broadcasting Act 1990

Offence: Any offence under the Act. See Schedule 16, para 7, proceedings against marine unauthorised broadcasters.
Requirement: S6(5): DPP or SoS. (For WT/MEBO Act offences contact: DTI on 020 7211 0455/0470

Marine Insurance (Gambling Policies) Act 1909

Offence: S1(3): offences under the Act which prohibits gambling on loss by maritime perils
Requirement: S1(3): AG

Mental Health Act 1983

Offence: S127(1): Ill treatment or wilful neglect of patients at hospitals or mental nursing homes. S139(1): Any offence in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, or in, or in pursuance of anything done in, the discharge of functions conferred by any other enactment on the authority having jurisdiction under Part VII of this Act, unless the act was done in bad faith or without reasonable care.
Requirement: S127(4): DPP. S139(2): DPP

Merchant Shipping (Liner Conferences) Act 1982

Offence: offence under S10(2): of unlawful disclosure of information obtained by the SoS for the purposes of the Code.
Requirement: S10(3): DPP

Mines & Quarries Act 1954

Offence: S151(1): of the Act requires the fencing of abandoned or disused mines and quarries
Requirement: S164: AG

Mines and Quarries (Tips) Act 1969

Offence: Proceedings under Part II of the Act, which makes provisions for the prevention of danger to the public from disused tips.
Requirement: S27 (1): DPP or Local Authority

National Health Service Act 1977

Offence: S124(6): unless proceedings are taken by a party aggrieved or the Health authority concerned, in relation to a failure to give notice of birth in accordance with S124(4): of the Act. Para 1 (7): of Sch 10: prohibition of sale of medical practices
Requirement: Para 1 (7): DPP or Medical Practises Committee. S124(4) & (6): AG or Area (or District) Health Authority concerned

Naval Discipline Act 1957

Offence: S52: Consent to prosecution of civil offences committed by naval personnel abroad. S129(a): provides that no enactment, with the exception of the above, which requires the consent of the AG of the DPP shall have effect under the above Acts
Requirement: S52(3)(b): AG

Newspapers, Printers & Reading Rooms Repeal Act 1869

Offence :Sch II para 1 :Printing/publishing/dispersing papers not bearing printer's name and address or assisting in so doing
Requirement: S4: AG or S

Nuclear Installations Act 1965

Offence: S2(2): prohibition of certain operations except under permit. S19(5): special cover for license liability
Requirement: S25(3): DPP or Minister

Nuclear Materials (Offences) Act 1983

Offence: S1 :extended scope of certain offences. S2: offences involving preparatory acts and threats
Requirement: S3(1)(a): AG

Nursing Homes Act 1975

Offence: S3(1): A person who carries on a Nursing Home or Mental Nursing Home without being registered under this Act in respect of that home. S3(5): the certificate of registration issued under the Act in respect of any Nursing Home or Mental Nursing home shall be displayed in a conspicuous place in that home
Requirement: S11(1): AG or SoS

Obscene Publications Act 1959

Offence: S2(1) :publication of obscene matter. S2: 16mm film width
Requirement: S2(3A): DPP

Official S ecrets Act 1911

Offence: S8: in relation to any offence under the Act
Requirement: S8: AG

Official Secrets Act 1920

Offence: S8(2): consent required for summary trial. Provisions as to trial and punishment of offences
Requirement: S8(2): AG

Official Secrets Act 1989

Offence: S4(2): in relation to any offence under the Act except s4(2) for which DPP consent will suffice
Requirement: S9(2) :AG or DPP

Petroleum Act 1987

Offence: Offences under S2: person who may be required to submit programmes, S5: failure to submit programmes, S9: default in carrying out programmes, S10: financial resources, S11: regulations
Requirement: S13(1)(b): DPP, S13(1)(a) : SoS

Petroleum & Submarine Pipe-Lines Act 1975

Offence: Offences under Part III Construction/use of pipe lines
Requirement: S29(2)(a): DPP, S29(2)(c): SoS

Prevention of Corruption Act 1906

Offence: In relation to any offence under the Act
Requirement: S2(1): AG or SG

Prevention of Oil Pollution Act 1971

Offence: S2(2)(b): provides that for an offence under ss2 and 18 proceedings may be brought by a harbour authority. S2(2)(c): provides that in all cases where the harbour authority may not bring proceedings the consent of the SoS or a person authorised by any special or general direction of the SoS will suffice. S3: other offences against the Act in relation to any offence under the Act. S19(7) :offences of discharge of certain oils from pipe-lines or discharge as a result of exploration in a designated area under s3
Requirement: S19(1)(a): AG, S19(c): SoS, S19(7): DPP

Prison Security Act 1992

Offence: S1(1): offence of prison mutiny under
Requirement: S1(5): DPP

Protection of Children Act 1978

Offence: S1(1): taking, distributing, possessing, publishing indecent photographs

Requirement: S1(3): DPP

Protection of Military Remains Act 1986

Offence: S3(3) :offence under s2(2) where a prohibited excavation or operation is carried out in international waters crashed aircraft or sunken vessels
Requirement: S3(3) : DPP

Protection of Trading Interests Act 1980

Offence: failure to comply with directions; S1(2): requirements or prohibition imposed or threatened on UK trading interests. S1(3): prohibits trade that may affect the UK. S2(1): produce documents to courts/authorities outside jurisdiction
Requirement: S3(3): AG or SOS

Public Bodies Corrupt Practices Act 1889

Offence: S1: Corruption in office a misdemeanour. Bribery of members & officers of public bodies
Requirement: S4(1): AG or SG

Public Health Act 1936

Offence: S298: in relation to any offence under the Act unless proceedings are taken by a party aggrieved, a council, or a body whose function is to enforce the provisions or bylaws in question
Requirement: S298: AG

Public Health (Control of Diseases) Act 1984

Offence: S64(1): any offence under the Act unless proceedings are taken by a party aggrieved, a local authority, or a body whose function it is to enforce the provision or bylaw in question.
Requirement: S64(1): AG, SS64(2): Constable

Public Order Act 1936

Offence: S2(2): Prohibition on quasi-military organisations
Requirement: S2(2): AG

Public Order Act 1986

Offence: In relation to riot or incitement to riot under s1 of the Act, S27(1): offences under Part III Public Order Act 1986: offences involving incitement to racial hatred. S29B :offences under Part IIIA Public Order Act 1986 (as amended by Racial and Religious Hatred Act 2006) and the Criminal Justice and Immigration Act 2008): offences involving incitement to religious hatred or offences of intentionally stirring up hatred on the grounds of sexual orientation.
Requirement: S7(1): DPP, S27(1): AG, S29L: AG

Public Passenger Vehicles Act 1981

Offence: Offences against Part II and III of the Act; S69(2): provides that S69(1) shall not apply to proceedings for the breach of regulations having effect by virtue of S25 of 26 of the Act. S69(3) :provides thatSs69(1) shall not prevent the SoS instituting proceedings under S27 of the Act. S25: regulation of conduct of passengers. S26: control of number of passengers. S27: repealed by Deregulation & Contracting Out Act 1994 S64, 81(1), Sch 17))
Requirement: S69(1): DPP - may also be instituted by Traffic Commissioner, a Chief Officer of Police or County Council

Radioactive Substances Act 1993

Offence: S38(1)(c): all offences
Requirement: DPP or SoS or Chief Inspector under S38(a) and (b)

Railways Act 1993

Offence: S118: control of railways in time of hostilities, severe international tension or great national emergency.S119: security: power of Secretary of State to give instructions. S120(4): security: enforcement notices. S121(4): security: inspections. S146 :making of false statements etc
Requirement: S118 (8) & S119(10) & S120(5) &S121(6) & S146(2) :DPP or SoS

Regulation of Investigatory Powers Act 2000

Offence: S1: Unlawful and unauthorised interception 
Requirement: S1(8): DPP

Rehabilitation of Offenders Act 1974

Offence: S9(2): unauthorised disclosure of spent convictions
Requirement: S9(8): DPP

Reservoirs Act 1975

Offence: S22: criminal liability of undertakers and their employees
Requirement: S22(6): DPP, SoS, Local Authority, London Borough Council or District Council

Rivers (Prevention of Pollution) 1961

Offence: S12: Restriction of disclosure of information
Requirement: S12(a): Minister

Road Traffic Act 1988

Offence: S112 grant of licences: fitness in regards of conduct. S114: conditions of certain licences LGV licences
Requirement: S112 & S114: SoS

Serious Crime Act 2007

Offence: Ss 44, 45 & 46: Encouraging or Assisting an Offence where the defendant does not know or believe that the offence will occur wholly or partly in England and Wales
Requirement: S53: AG (and see Schedule 4 of the Act)

Serious Organised Crime and Police Act 2005

Offence: S128: trespass on a designated or protected site.
Requirement: S128(6): AG

Sexual Offences Act 1956

Offence: S37(2) and Sch 2, Pt 2. Paras 14 and 15: incest or attempted incest under S10 and 11. S10: Incest by a man. S11: Incest by a woman
Requirement: 2nd schedule, Part 1, No: 14 & 15: DPP

Sexual Offences (Amendment) Act 1992

Offence: S5 offences re: breach of anonymity
Requirement: S5(4): AG

Solicitors Act 1974

Offence: S42(1): employment by solicitor while there is in force an order against him not to be employed without informing the solicitor of the order. Failure to disclose having been struck off or suspended
Requirement: S42(2): AG, DPP or Law Society

Suicide Act 1961

Offence:S2(1) :criminal liability for complicity in another's suicide
Requirement: S2(4): DPP

Suppression of Terrorism Act 1978

Offence: S4(4) : in relation to an offence which, disregarding certain named statutes would not be an offence apart from s4 (this section is concerned with jurisdiction, e.g., if a person does an act in certain foreign countries which would be an offence under the Act if performed in the UK, that person shall be guilty as if he or she had done that act here: s4(1))
Requirement; S4(4)(b): AG

Surrogacy Arrangements Act 1985

Offence: S4(2): proceedings for an offence under the Act
Requirement: S4(2)(a) :DPP

Taking of Hostages Act 1982

Offence: S2(1)(a) :hostage taking any offence under the Act
Requirement: S2(1)(a): AG

Theatres Act 1968

Offence: S8: offence of the presentation of obscene performances of plays, and provocation of a breach of the peace by means of a public performance of a play under s2, 6 or an offence at Common Law committed by the publication of defamatory matter in the course of a performance of a play. S2: Prohibition of obscene performances of plays. S6 :Provocation of breach of the peace by means of public performance of a play)
Requirement: S8: AG

Theft Act 1968

Offence: S30(4): consent required for offences relating to property belonging to a spouse
Requirement: S30(4): DPP

Trading with the Enemy Act 1939

Offence: S1(1)-(3)(a) trading with the enemy
Requirement: S1(4): DPP

Transport Act 1985

Offence: S74(7) :disabilities of directors, travel concession schemes
Requirement: S74(8): DPP

Transport and Works Act 1992

Of fence: under safety provisions of part II (other than s41 or 43) (S41 :Approval of works, plants and equipment
S43: Accidents, etc.)
Requirement: S58: DPP or SoS

Transport (London) Act 1969

Offence: S23(2): providing bus services
Requirement: S23(2): DPP

Unsolicited Goods & Services Act 1971

Offence: S4(1): sending unsolicited publication describing/illustrating human sexual techniques
Requirement: S4(3): DPP

War Crimes Act 1991

Offence: S1(1): murder, manslaughter or culpable homicide under that section
Requirement: S1(3): AG

Water Act 1945

Offence: S46 :Offences under the Act. Most of this Act has been repealed with savings for bylaws
Requirement: S46: AG, SoS and others

Water Act 1989

Offence: S175: making false applications
Requirement: S175(2): DPP, SoS, or the Minister

Water Industry Act 1991

Offence: S207(1) :afurnishing false information in making any application under or for the purposes of any provision of the Act S211 in relation to sewerage offences S298: as applied by the Water Act 1973.
Requirement: S207(2): SoS, MAFF, DPP & AG.S211: AG

Wildlife and Countryside Act 1981

Offence: S28(1)(a)-(c) :regarding the contravention of a condition attached to a notice that land is of special interest by reason of its flora, fauna or geological or physiological features.
Requirement: S28(10) DPP or Nature Conservancy Council

 

Part Two: Offences for which the Consent of the Director of Revenue and Customs Prosecutions is needed

s. 145 Customs & Excise Management Act (CEMA) 1979

1. under CEMA 1979 criminal offences in relation to:

s.23 - the control of movement of hovercraft
s.24 - the control and movement of goods by pipe-line
s.26 - the power to regulate movements of goods into and out of Northern Ireland by land
s.31 - the control and movement of goods to and from inland clearance depots
s.42 - the power to regulate unloading, removal, etc of imported goods
s.50 - offence for the improper importation of goods
s.53 - the Entry (customs paperwork) outwards of goods
s.63 - the Entry outwards of exporting ships
s.64 - clearance outwards of ships and aircraft
s.66 - power to make regulations as to exportation, etc
s.67- offences in relation to exportation of goods
s.68 - offences in relation to exportation of prohibited or restricted goods
s.68A - offences in relation to agricultural levies (inserted by the Finance Act 1982)
s.73 - power to make regulations as to carriage of goods coastwise, etc
s.74 - offences in connection with carriage of goods coastwise
s.100 - general offences relating to warehouses and warehoused goods
s.129 - power to remit or repay duty on denatured goods
s.136 - offences in connection with claim for drawbacks allowances etc
s.159 - the power to examine and take account of goods
s.167 - making false or untrue declarations
s.168 - counterfeiting documents
s.170 - penalty for fraudulent evasion of duty or a prohibition or restriction
s.170A- offence of Handling goods subject to unpaid excise duty (inserted by Finance (No 2) Act 1992)
s.170B - ofence of taking preparatory steps for evasion of excise duty (inserted by Finance (No 2) Act 1992) 

2. Offences under the Biological Weapons Act 1974:

s1B - this Act prohibits the development, production, acquisition and possession of certain biological agents and toxins and of biological weapons.  The DRCP can only institute proceedings for an offence if it concerns the development, production outside the UK of anything referred to in Section 1 or its movement into our out of any country.

Proceedings under section 1 can only be instituted with consent of the AG

3. Offences under the Hydrocarbon Oils Duties Act 1979:

s.13(3) - supplying / using rebated fuel for a road vehicle
s.13(4) - taking rebated fuel into a road vehicle

4. Offences under the Customs and Excise Duties (General Reliefs) Act 1979:

s.13C - where relieved goods are used in breach of condition (inserted by Finance Act 1989)

5. Offences under the Betting and Gaming Duties Act 1981:

s.12(2) & para 13(3) of Schedule 1 - fraudulent evasion of GBD
s.12(2) & para 13(3) of Schedule 1 - false documents re GBD

6. Offences under Finance Act 1994, Insurance Premium Tax:

s.9 - knowingly concerned in, or in the taking steps with a view to the fraudulent evasion of tax

7. Offences under Finance Act 1994, Air Passenger Duty:

s.41 - knowingly concerned in the fraudulent evasion of duty or taking steps with a view to such fraudulent evasion

8. Offences created under the Value Added Tax Act 1994 in relation:

s.65 - inaccuracies in EC sales statements or in statements (inserted by the Finance (No 2) Act 1992)
s.67 - failure to notify and unauthorized issue of invoices (inserted by Finance Act 1985)
s.69 - breaches of regulatory provisions
s.69A - breach of record-keeping requirements etc in relation to transactions in gold (inserted by the Finance Act 2000)
s.69B - breaches of record-keeping requirements imposed by directions (inserted by Finance Act 2006)
s.72 - the fraudulent evasion of VAT or the taking of steps to do this, failing to give security for VAT or providing false documents for VAT purposes

9. Offences under Drug Trafficking Act 1994:

s.60 - Revenue and Customs prosecutions [proceedings for a specified offence may be instituted [by the Director of Revenue and Customs Prosecutions or by order of the Commissioners for Her Majesty's Revenue and Customs (the Commissioners)].

10. Offences under Finance Act 1996, Landfill Tax:

s.15 - knowingly concerned in or taking steps with a view to the fraudulent evasion of tax

11. Offences under the Chemical Weapons Act 1996:

S30A - this Act promotes the control of chemical weapons and of certain toxic chemicals and precursors; and for connected purposes. Proceedings for a chemical weapons offence may be instituted [by the Director of Revenue and Customs Prosecutions or by order of the Commissioners for Her Majesty's Revenue and Customs] if it appears [to the Director or to the Commissioners] that the offence has involved:

(a) the development or production outside the United Kingdom of a chemical weapon;
(b) the movement of a chemical weapon into or out of any country or territory;
(c) any proposal or attempt to do anything falling within paragraph (a) or (b).

In accordance with section 31, proceedings for an offence under sections 2 and 11 cannot be instituted otherwise than with the consent of the AG

12. Offences under Landmines Act 1998:

S21 - permits the prosecution of an offence under section 2 by the DRCP, where there is an importation element to the offence.  Otherwise in accordance with section 20, the AG is required to consent to a prosecution.

13. Offences under the Finance Act 2000, Climate Change Levy:

s.92 - knowingly concerned in, or in the taking steps with a view to the fraudulent evasion of any levy with which a person is charged
s.93 - with requisite intent and for purposes connected with the levy a person produces or provides any document which is false in a material particular or makes use of such a document
s.94 - Conduct involving evasion or misstatement
s.95 - a person being a party to any agreement or arrangement with the belief that the levy chargeable on the supply will be evaded

14. Offences under Finance Act 2001, Aggregate Levy:

s.1 - knowingly concerned in the fraudulent evasion of any aggregates levy
s.2 -with requisite intent and for purposes connected with aggregates levy a person produces or provides any document which is false in a material particular
s.3 - Conduct involving evasion or misstatement
s.4 - a person being a party to any agreement or arrangement with the belief that the aggregate levy chargeable on the aggregate in question will be evaded

15. Offences under Anti Terrorism, Crime Security Act 2001

S53 - Customs prosecution for nuclear weapons offence

16. Offences under Proceeds of Crime Act 2002

S451 - proceedings for specified offences [Revenue and Customs Prosecutions]

17. Offences under Dealing in Cultural Objects (Offences) Act 2003:

S4 - this Act provides for an offence of acquiring, disposing of, importing or exporting tainted cultural objects, or agreeing or arranging to do so; and for connected purposes. Proceedings for an offence relating to the dealing in a tainted cultural object may be instituted [by the Director of Revenue and Customs Prosecutions or by order of the Commissioners for Her Majesty's Revenue and Customs] [if it appears to the Director or to the Commissioners] that the offence has involved the importation or exportation of such an object.
In accordance with section 2 an offence relates to the dealing in a tainted cultural object if it is:

(a) an offence under section 1, or
(b) an offence of inciting the commission of, or attempting or conspiring to commit, such an offence.

18. Criminal offences created under the CRCA 2005:

s.19 - wrongful disclosure of HMRC information relating to a persons identity
s.21 - further wrongful disclosure beyond that to a prosecuting authority
s.29 - offences relating to breaches of confidentiality arising out of the supply of information to Inspectors of Constabulary and the Independent Police Complaints Commission
s.30 - pretending to be an officer or commissioner of HMRC
s.31 - obstructing an officer of HMRC
s.32 - assaulting an officer of HMRC
s.40 - disclosure by RCPO of confidential information

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Annex 2

Example Consent Notices

1. Consent of the Director of Public Prosecutions

Statutory provision:

I consent to the prosecution of <Defendant Name>

of <Defendant Home Address>

for an offence or offences contrary to the provisions of the said Act.


Dated the [date] day of [month] [year]


Signed: .............................................................................. ........................
Crown Prosecutor

2. Consent of the Director of Revenue and Customs Prosecutions

Customs and Excise Management Act 1979

RE:

 

In PURSUANCE of my powers under section 145 of the above-named Act, as amended, I HEREBY CONSENT to the prosecution of [NAME] of [ADDRESS] for an offence or offences contrary to the provisions of [the customs and excise Acts].

 

The Director of Revenue and Customs Prosecutions

Dated this [DATE] day of [MONTH] 20xx

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