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“ 6 Prosecutions instituted and conducted otherwise than by the Service
“6 Prosecutions instituted and conducted otherwise than by the Service
Subject to subsection (2) below, nothing in this Part shall preclude any person from instituting any criminal proceedings or conducting any criminal proceedings to which the Director’s duty to take over the conduct of proceedings does not apply.
Where criminal proceedings are instituted in circumstances in which the Director is not under a duty to take over their conduct, he may nevertheless do so at any stage.”
Part II of the POA 1985 contains provisions relating to defence, prosecution and third party costs in criminal cases. So far as is material for present purposes, s17 provides:
- Heading
- Lord Justice Holroyde
- The background to the private prosecution
- The commencement of the prosecution
- Further proceedings in the Crown Court
- The request for the CPS to take over, and discontinue, the prosecution
- The abuse application
- The application for costs
- Relevant statutory provisions
- “ 6 Prosecutions instituted and conducted otherwise than by the Service
- “ 17 Prosecution costs
- “ 5 The appropriate authority
- 6 Claims for costs
- 7 Determination of costs
- Relevant case law
- The submissions to this court
- Analysis
- Conclusions