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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.

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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.

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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.

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Presumption of Consent

[Archbold 4-352]

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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.

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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.

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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].

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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.

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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.

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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

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Annex

Annex 1 - Offences Requiring Consent For Prosecution

ACT OFFENCE REQUIREMENT

Agricultural Credits Act 1928

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.

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(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.

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: 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.

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
S28(1) (b): DPP

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
S204A: AG or DPP

Atomic Energy Act 1946

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.

S14(4): DPP

Auctions (Bidding Agreement) Act 1927

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.

S1(3): AG

Aviation Security Act 1982

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;
S6: ancillary offences.

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): any offence under the Act. Proceedings may also be brought by, or on behalf of, the bank.

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
Broadcasting Act 1996

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(6): substitution for references to the [Authority] of reference to the Building Societies Commission under s(5) of Building Society Act 1986.

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
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.

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
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.

S31(1)(a): AG
S31(2): SoS

Child Abduction Act 1984

S1: offence of abduction of a child by parent.
S5: Restrictions on prosecutions for offence of kidnapping.

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.
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.

S44 (11), S45(7)(a) & S83 (3)(a): SoS or DPP
S92(2)(a): 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.
S69: as above but in relation to a Crown servant, a former Crown servant or someone connected to them

S72(2): SoS or AG

Companies Act 1985

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 restricitions only the SoS can grant consent

S732(2)(a) & S732(2)(c): DPP or SoS
S732(2)(b): Industrial Assurance Commissioner
S455: SoS

Companies Act 1989

S85: penalty for failure to comply with requirements, etc.
S86:restrictions on disclosure of information.
S89: failure to supply information.

S85: DPP
S86: SoS
S89(a): DPP or SoS

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: 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.

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.
S36(8): repealed by Water Act 1989 S190(3), Sch. 27 Pt. I
S100: repealed by Environment Protection Act 1990 S162(2)(5), Sch. 16 Pt. IX

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): expressly provides that any consent provisions in those offences apply equally to attempts.

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.
S160(4) possession of indecent photograph of a child.

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.
S5(3): giving false information - causing wasteful employment of the police.

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): inserts S4(5) into the Criminal Law Act 1977 wherein consent of AG required.

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(3): relate to the offence of conspiracy to commit an offence created by S1 of the Act.
S4(1): provides that the DPP’s consent is required for summary proceedings.
S4(2): provides that where the offence in question requires 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(3): preserves the situation where the offence requires the consent of the DPP.
S4(5): subject to subsection 6 below, 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.

S4(2): AG or DPP
S4(1) & S4(3): DPP
S4(5): AG
S9(6): AG

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(5): provides that this does not affect the institution of such proceedings by the Law Officers.

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.
S59: making of false statements, etc.

S29(4): DPP
S59(3): DPP or SoS

Emergency Laws (Re-enactments and Repeals) Act 1964

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.

S14(1): DPP or Treasury or Board of Trade

Energy Act 1976

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.

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

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
S185: banking business.

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(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.

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.
S71(4): offence of breaching reporting restrictions on domestic 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
(For WT/MEBO Act offences contact: DTI on 020 7211 0455/0470

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.
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 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.

S127(4): DPP
S139(2): 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): of Sch 10: prohibition of sale of medical practices.

Para 1 (7): DPP or Medical Practises Committee
S124(4) &(6): AG or Area (or District) Health Authority concerned

Naval Discipline Act 1957

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.

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.
S19(5): special cover for license liability.

S25(3): DPP or Minister

Nuclear Materials (Offences) Act 1983

S1: extended scope of certain offences.
S2: offences involving preparatory acts and threats.

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.
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.

S11(1): AG or SoS

Obscene Publications Act 1959

S2(1): publication of obscene matter.
S2: 16mm film width.

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
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

S13(1)(b): DPP
S13(1)(a) SoS

Petroleum & Submarine Pipe-Lines Act 1975

Offences under Part III - Construction/use of pipe lines.

S29(2)(a): DPP
S29(2)(c): SoS

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.
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.

S19(1)(a): AG
S19(c ): SoS
S19(7): DPP

Prevention of Terrorism (Temporary Provisions) Act 1989

S19(1)(a): in relation to offences under
S2: membership, support and meetings.
S3: display of support in public.
S8: offences in respect of exclusion orders.
S9: contributions towards acts of terrorism.
S10: contributions to resources of proscribed organisations.
S11: assisting in retention or control of terrorist funds.
S17: investigation of terrorist activities.
S18: information about acts of terrorism.
S18A: failure to disclose knowledge or suspicion of offences under sections 9-11.
S19(1)(aa): in relation to offences under
S13A: powers to stop and search vehicles etc and persons.
S13[B]: power to stop and search pedestrians.
S16A: possession of articles for suspected terrorist purposes.
S16B: unlawful collection, etc of information.
S16D: parking prohibitions and restrictions and the removal of vehicles.

S19(1)(a): AG
S19(1)(aa): DPP

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
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.

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
SS64(2): Constable

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.
S27(1): offence under Part III Racial Hatred, offences involving racial hatred.

S7(1): DPP
AG

Public Passenger Vehicles Act 1981

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 that S69(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))

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.
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.

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.
S114: conditions of certain licences LGV licences.

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.
S10: Incest by a man.
S11: Incest by a woman.

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: offences of buggery and gross indecency, or aiding and abetting such offences where either of the men was under 21 at the age of the offence (S48 of the Criminal Justice Act 1972 provides that S8 of the 1967 Act has no application to the proceedings under the Indecency with Children Act 1960).

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
DPP or Law Society

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.
S2: Prohibition of obscene performances of plays.
S6: Provocation of breach of the peace by means of public 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).
(S41: Approval of works, plants and equipment
S43: Accidents, etc.)

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.
S69 sch 8 para 1: SS(a), (b) and (c) respectively provide that a party aggrieved, a sewerage undertaker, or a body whose function it is to enforce the provisions in question may also take proceedings. (repealed by Water Consolidation (Consequential Provisions) 1997 S3, Sch 13, Pt1)
S207(1): furnishing 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.

S207(2): SS, MAFF, DPP & AG
S211: AG

Weights & Measures Act 1985

S57(2): failure to comply with a notice.
S57(2): involving the failure by Packers and importers to furnish particulars of marks when required to do so by notice from the SoS.

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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