Prosecution of Offences Act 1879
| Jurisdiction | UK Non-devolved |
| Citation | 1879 c. 22 |
Prosecution of Offences Act, 1879
(42 & 43 Vict.) CHAPTER 22.
An Act for more effectually providing for the Prosecution of Offences in England, and for other purposes.
[3d July 1879]
W HEREAS it is expedient to provide more effectually for the prosecution of offences in England, and for other purposes:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited as theProsecution of Offences Act, 1879.
2 Appointment and duty of Director of Public Prosecutions.
2. A Secretary of State may from time to time appoint an officer to be called the Director of Public Prosecutions, with such salary, not exceeding two thousand pounds per annum, as he may, with the consent of the Treasury, fix.
It shall be the duty of the Director of Public Prosecutions, under the superintendence of the Attorney General, to institute, undertake, or carry on such criminal proceedings (whether in the Court for Crown Cases Reserved, before sessions of Oyer and Terminer or of the Peace, before magistrates, or otherwise), and to give such advice and assistance to chief officers of police, clerks to justices, and other persons, whether officers or not, concerned in any criminal proceeding respecting the conduct of that proceeding, as may be for the time being prescribed by regulations under this Act, or may be directed in a special case by the Attorney General.
The regulations under this Act shall provide for the Director of Public Prosecutions taking action in cases which appear to be of importance or difficulty, or in which special circumstances, or the refusal or failure of a person to proceed with a prosecution, appear to render the action of such Director necessary to secure the due prosecution of an offender, and shall also fix the areas or districts for which the assistants of such director shall respectively be appointed and act.
3 Establishment of office of Director of Public Prosecutions.
3. A Secretary of State may from time to time appoint such assistants, not exceeding six, as may, with the sanction of the Treasury, seem necessary for the proper execution of his duties by the Director of Public Prosecutions, and may assign them their duties. And the Attorney General, with the approval of a Secretary of State, may from time to time appoint such clerks, messengers, and servants as may, with the sanction of the Treasury, seem necessary for the proper execution of his duties by the Director of Public Prosecutions, and may assign them their duties.
There shall be paid to such assistants, clerks, messengers, and servants such salaries or remuneration as may be from time to time fixed by the Attorney General, with the approval of a Secretary of State and the consent of the Treasury.
The said salaries and remuneration, and the salary of the Director of Public Prosecutions, and all expenses incurred in the execution of the duties of that Director, shall be paid out of moneys provided by Parliament.
No Assistant Director of Public Prosecutions shall be appointed for any longer term than seven years; but any person vacating his office by reason of this provision may be re-appointed.
4 Qualification of Director of Public Prosecutions and of assistants.
4. A person...
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