Consents to Prosecute
Principle
Many offences require the consent of the Attorney General (AG) or the DPP for the institution or continuation of proceedings. [Archbold 1-244], [Archbold 1-278A]. In some cases this consent can be delegated; in others only the person named in the statute can give consent. There must be identification of consent cases at an early stage <see schedule "Offences requiring consent for prosecution" below in this section>. The procedure to be followed depends on whose consent is needed.
A Crown Prosecutor can give consent on behalf of the Director of Public Prosecutions by virtue of Section 1(7) POA 1985. [Archbold 1-252]. Consent cannot be implied merely because proceedings are conducted by CPS. A Crown Prosecutor must specifically consider the case and decide whether or not proceedings should be instituted or continued.
The decision to grant consent should in all cases be taken applying the principles of The Code for Crown Prosecutors and CPS policies.
Consent cases should be reviewed at the earliest possible opportunity.
Guidance
Timing of Consent
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.
The Police may ask you to consent on behalf of the DPP over the telephone. This should not be done as you will need to review the case in accordance with The Code.
Note the procedure before consent is given. [Archbold 1-278a]. If an offence is to be started by summons then consent must be given before the information is laid; the information must state that it is laid on behalf of the DPP.
If the defendant has already been charged consent must be obtained:
- Indictable Only Offences - Consent should be sought and where available served before the service of the case. When this is not possible, the consent should be served prior to the effective Plea and Directions Hearing. <See Section 51 Crime and Disorder Act 1998 elsewhere in this guidance>.
- Either Way Offences - at mode of trial
- Summary Offences - commencement of trial
If an offence is charged for the first time as a count on an indictment then consent must be given before indictment is signed.
If a voluntary bill is sought consent must be given before the application is made.
Form of Consent
Consent should always be given in writing. [Archbold 1-279].
If consent has been given by a Law Officer and proceedings are not pursued then LSLO should be consulted or informed. The LSLO 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.
Presumption of Consent
[Archbold 4-352]
Inchoate Offences
Consent is needed for the prosecution of an attempt or conspiracy to commit an offence which itself requires consent. Check the specific legislation as to whose consent is required.
Consent is needed for aiding, abetting, counseling or procuring an offence which requires consent.
Incitement to commit an offence does not require consent unless stated in the legislation.
Procedure
Check whether consent is required <Refer initially to schedule of statutes, “Offences requiring consent for prosecution,” below in this section> AND check the relevant statute and current caselaw in each case.
Check location of casework - some cases must be referred to Casework Directorate in HQ, or referred to or notified to the CCP/(ACCP London) - see <Casework Directorate, Criteria for Referral> and <Cases to be referred or notified to the CCP/(ACCP London)> elsewhere in this guidance.
See devolution of casework from Casework Directorate to areas - Inform number 29 dated 4 th August 2000.
Consent of DPP
If satisfied the case should proceed, written consent must be given on DPP consent forms. <See National Forms Register - CD 1 - DPP Consent Form>.
Form must include:
- Relevant statue
- Defendant's name and address
- Date of consent
- Name of Lawyer consenting
The consent need not specify the section of the act or the offence involved. It need not give reasons for consent being given.
Consent forms should remain on file but a copy should be provided to the Court if requested.
In multi-handed cases, consent forms should be prepared for each defendant.
If proceedings are by summons, a copy should be given to Police to lay the information.
If the consent form is not completed at the time consent is given, full reasons should be endorsed on The CPS file, signed and dated. The form then should be completed as soon as possible.
Where there is no form of consent, it may be necessary for the Crown Prosecutor who reviewed file to make a witness statement. (Price v Humphries [1958] 2 ALL ER 725) [Archbold 1-248], [Archbold 1-203].
Consent of Law Officers
[Archbold 1-249]
Handling of cases - see <Casework Directorate - criteria for referral elsewhere in this guidance>.
Under no circumstances should area lawyers reject AG consent cases on public interest grounds. If there is sufficient evidence the case should be referred to the Law Officers.
Initial review and continuous review is essential in ensuring that the Law Officers consider only grave and serious offences. In this context look for: (i) serious offences; (ii) offences carrying life imprisonment; (iii) offences where the decision to prosecute may be affected by national security, relations with other countries, public policy or sensitive or difficult circumstances.
The Law Officer will have to be satisfied that both tests set out in the Code for Crown Prosecutors are met in respect of each proposed defendant before consent to prosecute is given.
Files submitted for Law Officers’ consent should include:
- Typed review note from CPS lawyer
- Counsel’s Advice, where it has been obtained
- Draft Charges
- Police Summary of Facts, (where it is accurate and logical; if the police summary is not sufficient, the facts should be set out in the review note)
- Copy Statements
- Copy Exhibits (including video / tape)
- Copy Police Report
- Other Documents (e.g. antecedents / MG6)
- Details of Lawyer Concerned
Ensure that the name and address of the defendant is stated accurately.
It is essential that the Law Officer is allowed sufficient time to consider the case. The length of time will depend on the nature and complexity of the case and the quality of the application. At least seven working days would be normal in a straightforward case.
If the case is to be prosecuted locally then the form of consent will be sent to the area. Inform Issue No.29/2000 dated 4th August 2000.
When the consent is received the original is to be sent to the Court and a photocopy is to remain on the file.
If the defendant has not already been charged proceedings should be by way of summons.
When the case is completed CPS should notify LSLO of result and penalty.
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 this guidance.
Useful Links
Archbold 1-244
Archbold 1-278a
Archbold 1-252
Archbold 1-278a Section 51 Crime & Disorder Act 1998
Archbold 1-279
Archbold 4-352
<Casework Directorate: Criteria for Referral> section in this guidance;
<Cases to be referred or notified to the CCP (ACCP London)>
<National Forms Register - CD 1 - DPP Consent Form>
Archbold 1-248
Archbold 1-203
Archbold 1-249
Annex
Annex 1 - Offences Requiring Consent For Prosecution
| ACT | OFFENCE | REQUIREMENT |
Agricultural Credits Act 1928 |
Restriction on publication of agricultural charges. |
S10(3): AG |
Agriculture & Horticulture Act 1964 |
In relation to any offence created in Part III of the Act. which makes provisions regarding the grading and transport of fresh horticultural produce. |
S20 (3): AG or Minister, SoS |
Agricultural Land (Removal of Surface Soil) Act 1953 |
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. |
S3: DPP or AG |
Agricultural (Miscellaneous Provisions) Act 1954 |
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(7): DPP or Local Authority |
Air Force Act 1955 |
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: AG or DPP |
Animals (Scientific Procedures) Act 1986 |
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. |
S26(1)(b): DPP |
Antarctic Act 1994 |
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. |
S28 (1)(a): SoS |
Army Act 1955 |
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. |
S132(3A): AG |
Atomic Energy Act 1946 |
S11: restriction disclosure of information relating to an atomic plant. |
S14(4): DPP |
Auctions (Bidding Agreement) Act 1927 |
This Act renders illegal certain agreements and transactions affecting bidding at auctions. |
S1(3): AG |
Aviation Security Act 1982 |
Offences against the safety of aircraft under |
S8(1)(a): AG |
Aviation and Maritime Security Act 1990 |
Offence against endangering safety at aerodromes, see S1: endangering safety at aerodromes |
S1(7): AG |
Bail Act 1976 |
S9(1): agreeing to indemnify sureties in criminal proceedings |
S9(5): DPP |
Banking Act 1987 |
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): DPP or Local Authority |
Biological Weapons Act 1974 |
S1: offence of developing certain biological agents and toxins and biological weapons. |
S2(1)(a): AG |
Broadcasting Act 1990 |
S2: of the Obscene Publications Act 1959 of publishing an obscene article as defined. |
Schedule 15 paras 4(1) & 4(2): DPP |
Building Act 1984 |
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. |
S113: AG |
Building Societies Act 1986 |
DPP’s consent is not required if proceedings are brought by the Building Societies Commission - see S96(5) & (6): Banking Act 1987. |
S96(5): DPP |
Cancer Act 1939 |
S4(1): offence of advertising cancer treatments. |
S4(6): AG or SG |
Cereals Marketing Act 1965 |
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. |
S22(1)(b): DPP |
Charities Act 1993 |
S94(1): in relation to an offence under |
S94(1): DPP |
Chemical Weapons Act 1996 |
S31(1)(a): in relation to offences of using chemical weapons or constructing premises or equipment for producing chemical weapons under |
S31(1)(a): AG |
Child Abduction Act 1984 |
S1: offence of abduction of a child by parent. |
S4(2): DPP |
Children & Young Persons (Harmful Publications) Act 1955 |
S2(1): printing/publishing/selling works etc which would tend to corrupt children. |
S2(2): AG |
Civil Aviation Act 1982 |
S44(11): Securing rights over land. |
S44 (11), S45(7)(a) & S83 (3)(a): SoS or DPP |
Clean Air Act 1993 |
All offences in relation to the Act. |
AG |
Coal Industry Act 1994 |
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. |
S5(8): Treasury or SoS under S7 |
Coal Industry Nationalisation Act 1946 |
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). |
S59(1): DPP |
Companies Act 1980 |
S68: an individual who is, or at anytime in the preceding six months, knowingly connected to the company. The individual should not deal with a recognised stock exchange in securities of the company if he has information (a) holds virtue of being connected with the company (b) connected to the company, he is not to disclose information except for proper performances of functions attaching to that position (c) he knows is unpublished price sensitive information in relation to securities. |
S72(2): SoS or AG |
Companies Act 1985 |
S210, 324, 329, 447-451 and 455. |
S732(2)(a) & S732(2)(c): DPP or SoS |
Companies Act 1989 |
S85: penalty for failure to comply with requirements, etc. |
S85: DPP |
Consumer Protection Act 1987 |
S11: allows the SoS to require the consent of the DPP for proceedings brought for any safety regulations made under the Act. |
S11(3)(c): DPP or SoS |
Contempt of Court Act 1981 |
S7: relates to the proceedings for contempt under the strict liability rule. |
S8(3): AG or Court |
Control of Pollution Act 1974 |
S61: prior consent for work on construction site, and contravening disposal licence; breach of regulations; prohibiting/restricting importation/use of injurious substances. |
DPP |
Criminal Attempts Act 1981 |
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): AG or DPP as appropriate to "full offence" |
Criminal Justice Act 1987 |
S11: offence of breach of reporting restrictions under S11 of the Act. |
S11(3): AG |
Criminal Justice Act 1988 |
S134: torture by a public official in the course of his duties in relation to offences of torture under S134 of the Act. |
S135(a): AG or DPP as indicated |
Criminal Justice (International Co-operation) Act 1990 |
S21(2)(a): proceedings under Part II of Sch 3 of the Act. |
S21(2)(a): DPP or The Commissioners of Customs and Excise |
Criminal Law Act 1967 |
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. |
S4(4): DPP |
Criminal Justice (Terrorism and Conspiracy) Act 1998 |
S5(1): inserts S1(a) into the Criminal Law Act 1977, introducing the new offence of conspiracy within England and Wales to commit offences in territories outside the UK. |
S5(2): AG |
Criminal Law Act 1977 |
S1(a): inserted by Criminal Justice (Terrorism and Conspiracy) Act 1998 S5(1): "Conspiracy to commit offences outside the UK". |
S4(2): AG or DPP |
Customs & Excise Management Act 1979 |
S145(1): provides that no proceedings for an offence under the Customs & Excise Acts shall be instituted except by order of the Commissioners. |
S145 (1) & S145(5): Commissioner or Law Officer of the Crown |
Data Protection Act 1984 |
S19(2)(4): any offence under the Act. |
S19(1)(a): DPP or The Data Protection Registrar |
Electricity Act 1989 |
S29: regulation relating supply and safety. |
S29(4): DPP |
Emergency Laws (Re-enactments and Repeals) Act 1964 |
Offence against an order or direction under |
S14(1): DPP or Treasury or Board of Trade |
Energy Act 1976 |
S6: bulk stocks of petroleum. |
Sch 2 para 6(1) or Para 6(2): SoS or DPP |
Energy Act 1983 |
Part I (regs under S16) |
DPP |
Environmental Protection Act 1990 |
S118: various offences under that section. |
S118(10): DPP or SoS |
Explosive Substances Act 1883 |
S7(1): any offence under the Act. |
S7(1): AG |
Explosives Act 1875 |
All offences |
DPP |
Fair Trading Act 1973 |
S8: monopoly situation in relation to exports. |
S62(4): DPP |
Finance Act 1965 |
S92: grants towards duty charged on bus fuel. |
S92(6): DPP or Minister of Transport |
Finance Act 1989 |
S182: disclosure of official information |
S182: DPP |
Financial Services Act 1986 |
S201(1)(a): all offences under the Act except for SS133 and |
S201(1)(a) & S201(3)(a): DPP or SoS |
Firearms Act 1968 |
S22(3): extends time-limits for prosecution of any summary offence except under S22(3) or air weapon offence. |
S51 (4): DPP |
Fraudulent Mediums Act 1951 |
S1(1): with intent to deceive purporting to act for reward as a spiritualistic medium etc. using any fraudulent device. |
S1(4): DPP |
Gas Act 1965 |
S21(2): offences against Part II (underground storage of gas by gas authorities. |
DPP |
Gas Act 1986 |
S43(1): unauthorised supply; false statements. |
S43(2): DPP or SoS |
Geneva Conventions Act 1957 |
S1(3): grave breaches of conventions, unauthorised use of Red Cross emblem and others. |
S6(7): DPP |
Genocide Act 1969 |
S(1): offence of genocide as defined in Article II of the Genocide Convention as set out in the Schedule to the Act. |
S1(3): AG |
GLC (General Powers) Act 1984 |
S26 (3): false statements for registration of a stall. |
S32: DPP |
Health & Safety at Work Act 1974 |
Any offence under the relevant statutory provisions Part I of the Act, any health and safety regulations and any existing statutory provisions. |
S38: DPP or Health and Safety Inspector |
Highways Act 1980 |
S312(2): offences under S167: powers relating to retaining walls near streets and S177: 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(1): AG |
Horticultural Produce Act 1986 |
S5(c): agricultural marketing - applies S20(3) of the Agriculture and Horticulture Act 1964 (see above) to all offences under the Act. |
S5(c): AG or Minister of Agriculture, Fisheries and Food |
Housing Acts 1985 |
S338(1)(a)(b): notice to abate overcrowding and common lodging houses. |
S339(2)(a)(b): AG if pros against LA |
Housing Association Act 1985 |
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). |
DPP or Corporation |
Human Fertilisation & Embryology Act 1990 |
All offences S41. |
S42 (a): DPP |
Human Organ Transplant Act 1989 |
S1 and 2: commercial dealing in organs and breaching restrictions on transplants between persons not genetically related. |
S2(3): DPP |
Incitement to Disaffection Act 1934 |
S3(2): in relation to any offence under the Act. |
S3(2): DPP |
Income & Corporation Taxes Act 1988 |
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. |
S766(4): AG |
Insolvency Act 1986 |
Ch 4: bankruptcy offences S 218(1): DPP shall be "prosecuting authority" for offences committed in relation to a company which is being wound up. |
S218(2)(a): DPP |
Local Government & Housing Act 1989 |
In relation to an offence under S19(2)(a)(b) of failure to disclose members’ interests or giving misleading information. |
S19(3): DPP |
Interception of Communications Act 1985 |
S1(1): unauthorised interception of postal or telephone communications. |
S1(4)(a): DPP |
Internationally Protected Persons Act 1978 |
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. |
S2(1)(b): AG |
Judicial Proceedings (Regulation of Reports) Act 1926 |
S1(3): in relation to any offence under the Act. |
S1(3): AG |
Land Commission Act 1967 |
Offences falling under S80: repealed Land Commission (Dissolution) Act 1971 S81(1): repealed as above S81(2) and (4): of Act of failing to comply with notices issued by the Commission under S43 without reasonable excuse. |
S82 (2)(a): DPP |
Law of Property Act 1925 |
S183: Fraudulent concealment of document and falsification of pedigrees. |
S183(4): AG |
Law Reform (Year and a Day Rule) Act 1996 |
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. |
S2(4): AG |
Legal Aid Act 1988 |
S38(5): Improper disclosure of information relating to the seeking or receiving of advice under that section. |
S38(5): AG |
Local Government Act 1972 |
S94(1): member of local authority failing to disclose pecuniary interest. |
S94(3): DPP |
Lotteries & Amusements Act 1976 |
S2(1)(c)(iii): in respect of any matter published in a newspaper (to induce persons to participate in a lottery). |
S3: DPP |
Local Government & Housing Act 1989 |
In relation to an offence under S19(2)(a)(b) of failure to disclose members’ interests or giving misleading information. |
S19(3): DPP |
Magistrates’ Courts Act 1980 |
S8(6): offence of breaching reporting restrictions on committal proceedings under that section. |
S8(6) & S71(4): AG |
Marine and Broadcasting (Offences) Act 1967, as amended by Schedule 16 of the Broadcasting Act 1990 |
Any offence under the Act. See Schedule 16, para 7, proceedings against marine unauthorised broadcasters. |
S6(5): DPP or SoS |
Marine Insurance (Gambling Policies) Act 1909 |
S1(3): offences under the Act which prohibits gambling on loss by maritime perils. |
S1(3): AG |
Mental Health Act 1959 |
S128: unlawful sexual intercourse with patients. |
S128(4): DPP |
Mental Health Act 1983 |
S127(1): Ill treatment or wilful neglect of patients at hospitals or mental nursing homes. |
S127(4): DPP |
Merchant Shipping (Liner Conferences) Act 1982 |
Offence under S10(2): of unlawful disclosure of information obtained by the SoS for the purposes of the Code. |
S10(3): DPP |
Mines & Quarries Act 1954 |
S151(1): of the Act requires the fencing of abandoned or disused mines and quarries. |
S164: AG |
Mines and Quarries (Tips) Act 1969 |
Proceedings under Part II of the Act, which makes provisions for the prevention of danger to the public from disused tips. |
S27(1): DPP or Local Authority |
National Health Service Act 1977 |
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): DPP or Medical Practises Committee |
Naval Discipline Act 1957 |
S52: Consent to prosecution of civil offences committed by naval personnel abroad. |
S52(3)(b): AG |
Newspapers, Printers & Reading Rooms Repeal Act 1869 |
Sch II para 1: Printing/publishing/dispersing papers not bearing printer's name and address or assisting in so doing. |
S4: AG or SG |
Nuclear Installations Act 1965 |
S2(2): prohibition of certain operations except under permit. |
S25(3): DPP or Minister |
Nuclear Materials (Offences) Act 1983 |
S1: extended scope of certain offences. |
S3(1)(a): AG |
Nursing Homes Act 1975 |
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. |
S11(1): AG or SoS |
Obscene Publications Act 1959 |
S2(1): publication of obscene matter. |
S2(3A): DPP |
Official Secrets Act 1911 |
S8: in relation to any offence under the Act. |
S8: AG |
Official Secrets Act 1920 |
S8(2): consent required for summary trial. Provisions as to trial and punishment of offences. |
S8(2): AG |
Official Secrets Act 1989 |
S4(2): in relation to any offence under the Act except S4(2) for which DPP consent will suffice. |
S9(2): AG or DPP |
Oil & Gas (Enterprise) Act 1982 |
S27(1)(2): extra-territorial jurisdiction. |
S27(3)(a): DPP or SoS |
Petroleum Act 1987 |
Offences under |
S13(1)(b): DPP |
Petroleum & Submarine Pipe-Lines Act 1975 |
Offences under Part III - Construction/use of pipe lines. |
S29(2)(a): DPP |
Prevention of Corruption Act 1906 |
In relation to any offence under the Act. |
S2(1): AG or SG |
Prevention of Oil Pollution Act 1971 |
S2(2)(b): provides that for an offence under SS2 and 18 proceedings may be brought by a harbour authority. |
S19(1)(a): AG |
Prevention of Terrorism (Temporary Provisions) Act 1989 |
S19(1)(a): in relation to offences under |
S19(1)(a): AG |
Prison Security Act 1992 |
S1(1): offence of prison mutiny under |
S1(5): DPP |
Protection of Children Act 1978 |
S1(1): taking, distributing, possessing, publishing indecent photographs. |
S1(3): DPP |
Protection of Military Remains Act 1986 |
S3(3): offence under S2(2) where a prohibited excavation or operation is carried out in international waters - crashed aircraft or sunken vessels. |
S3(3): DPP |
Protection of Trading Interests Act 1980 |
Failure to comply with directions |
S3(3): AG or SOS |
Public Bodies Corrupt Practices Act 1889 |
S1: Corruption in office a misdemeanor. Bribery of members & officers of public bodies. |
S4(1): AG or SG |
Public Health Act 1936 |
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. |
S298: AG |
Public Health (Control of Diseases) Act 1984 |
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. |
S64 (1): AG |
Public Order Act 1936 |
S2(2): Prohibition on quasi-military organisations. |
S2(2): AG |
Public Order Act 1986 |
In relation to riot or incitement to riot under S1 of the Act. |
S7(1): DPP |
Public Passenger Vehicles Act 1981 |
Offences against Part II and III of the Act. |
S69(1): DPP - may also be instituted by Traffic Commissioner, a Chief Officer of Police or County Council |
Radioactive Substances Act 1993 |
S38(1)(c): all offences. |
DPP or SoS or Chief Inspector under S38(a) and (b) |
Railways Act 1993 |
S118: control of railways in time of hostilities, severe international tension or great national emergency. |
S118 (8), S119(10), S120(5), S121(6) & S146(2): DPP or SoS |
Registered Homes Act 1984 |
S23(1) and (6): offence of carrying on a nursing home or mental nursing home without being registered, or failing to affix a certificate of registration in a conspicuous place in the home. |
S53(1): AG or SoS |
Regulation of Investigatory Powers Act 2000 |
S1: Unlawful and unauthorised interception. |
S1(8): DPP |
Rehabilitation of Offenders Act 1974 |
S9(2): unauthorised disclosure of spent convictions. |
S9(8): DPP |
Reservoirs Act 1975 |
S22: criminal liability of undertakers and their employees. |
S22(6): DPP, SoS, Local Authority, London Borough Council or District Council |
Restrictive Trade Practices Act 1976 |
S38: offences in connection with registration. |
S39(1)(a): DPP or Director General of Fair Trading |
Rivers (Prevention of Pollution) 1961 |
S12: Restriction of disclosure of information |
S12(a): Minister |
Road Traffic Act 1988 |
S112 grant of licences: fitness in regards of conduct. |
S112 & S114: SoS |
Sexual Offences Act 1956 |
S37(2 ) and Sch 2, Pt 2. Paras 14 and 15: incest or attempted incest under S10 and 11. |
2nd Schedule, Part 1, No: 14 & 15: DPP |
Sexual Offences Act 1967 |
S1(2)(b): consent of the DPP is required where either male is under the age of 16. |
S8: DPP |
Sexual Offences (Amendment) Act 1976 |
S4(5): publishing information likely to lead to the identification of the complainant of rape. |
S5(5): AG |
Sexual Offences (Amendment) Act 1992 |
S5: offences re: breach of anonymity. |
S5(4): AG |
Solicitors Act 1974 |
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. |
S42(2): AG |
Suicide Act 1961 |
S2(1): criminal liability for complicity in another’s suicide. |
S2(4): DPP |
Suppression of Terrorism Act 1978 |
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)) |
S4(4)(b): AG |
Surrogacy Arrangements Act 1985 |
S4(2): proceedings for an offence under the Act. |
S4(2)(a): DPP |
Taking of Hostages Act 1982 |
S2(1)(a): hostage taking any offence under the Act. |
S2(1)(a): AG |
Theatres Act 1968 |
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. |
S8: AG |
Theft Act 1968 |
S30(4): consent required for offences relating to property belonging to a spouse. |
S30(4): DPP |
Trading with the Enemy Act 1939 |
S1(1)-(3)(a): trading with the enemy. |
S1(4): DPP |
Transport Act 1985 |
S74(7): disabilities of directors, travel concession schemes. |
S74(8): DPP |
Transport and Works Act 1992 |
Under safety provisions of Part II (other than S41 or 43). |
S58: DPP or SoS |
Transport (London) Act 1969 |
S23(2): providing bus services. |
S23(2): DPP |
Unsolicited Goods & Services Act 1971 |
S4(1): sending unsolicited publication describing/illustrating human sexual techniques. |
S4(3): DPP |
War Crimes Act 1991 |
S1(1): murder, manslaughter or culpable homicide under that section. |
S1(3): AG |
Water Act 1945 |
S46: Offences under the Act. Most of this Act has been repealed with savings for bylaws |
S46: AG, SoS and others |
Water Act 1989 |
S175: making false applications. |
S175(2): DPP, SoS, or the Minister |
Water Industry Act 1991 |
S14(2): and as read with the Water Act 1989. |
S207(2): SS, MAFF, DPP & AG |
Weights & Measures Act 1985 |
S57(2): failure to comply with a notice. |
S83(2): DPP or National Meteorological Co-ordinating Unit |
Wildlife and Countryside Act 1981 |
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. |
S28(10) DPP or Nature Conservancy Council |
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