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Relevant statutory provisions
Relevant statutory provisions:
Part 1 of the POA 1985 contains provisions relating to the constitution and functions of the CPS (referred to in the Act as “the Service”). The CPS is headed by the Director of Public Prosecutions (referred to in the Act as “the Director”). The functions of the Director include, by s3(2)(b), a duty:
“to institute and have the conduct of criminal proceedings in any case where it appears to him that –
the importance or difficulty of the case makes it appropriate that proceedings should be instituted by him; or
it is otherwise appropriate for proceedings to be instituted by him.”
- 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