Prosecution of Offences (Northern Ireland) Order 1972
| Jurisdiction | UK Non-devolved |
| Citation | SI 1972/538 |
| Year | 1972 |
1972 No. 538 (N.I. 1)
NORTHERN IRELAND
The Prosecution of Offences (Northern Ireland) Order 197230thMarch 1972
30thMarch 1972
At the Court at Windsor Castle, the 30th day of March 1972
Present,
The Queen's Most Excellent Majesty in Council
Whereas it has been made to appear to Her Majesty that by reason of urgency this Order requires to be made without a draft having been approved by resolution of each House of Parliament:—
Now, therefore, Her Majesty, in exercise of the powers conferred by section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972(a), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Title and commencement
1. This Order may be cited as the Prosecution of Offences (Northern Ireland) Order 1972 and shall come into operation forthwith.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 1954(b) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of the Parliament of Northern Ireland.
(2) In this Order—
"deputy Director" means the deputy Director of Public Prosecutions for Northern Ireland appointed under the provisions of this Order;
"Director" means the Director of Public Prosecutions for Northern Ireland appointed under the provisions of this Order;
"documents" includes papers and records of any kind;
"indictable offence" includes any offence which the prosecution may prosecute on indictment;
"initiate" includes institute;
"statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;
"transferred provision" has the meaning assigned to it by section 1(g) of the Interpretation Act (Northern Ireland) 1954.
(a) 1972 c. 22.
(b) 1954 c. 33 (N.I.).
(3) References in this Order to the Crown shall be construed as including references to any person or authority acting on behalf of the Crown or any Government department or agency and to any member of the Royal Ulster Constabulary acting as such.
Temporary provisions
3.—(1) Nothing in this Order shall be construed as making provision contrary to any provision made by the Northern Ireland (Temporary Provisions) Act 1972 and accordingly, so long as section 1 of that Act has effect, any reference in this Order to the Governor or the Governor acting upon the advice of the Privy Council for Northern Ireland or to a department of the Government of Northern Ireland has effect subject to the provisions of that Act.
(2) So long as section 1 of the said Act has effect, the Director (without prejudice to the validity of anything done by him or on his behalf) shall discharge his functions under the superintendence of the Attorney General and shall be subject to the directions of the Attorney General in all matters including the giving or withholding of any such consent as is mentioned in article 7 of this Order.
Office of the Director of Public Prosecutions for Northern Ireland
4.—(1) The Governor may appoint a Director and a deputy Director of Public Prosecutions for Northern Ireland.
(2) The Director and the deputy Director shall each hold his office during good behaviour but each—
(a) may be removed from his office by the Governor upon the advice of the Privy Council for Northern Ireland;
(b) may at any time at his own request be granted permission by the Governor to resign his office; and
(c) shall unless the Governor by order otherwise directs retire from office at the end of the year of his service therein in which he attains the age of sixty-five years.
(3) The Ministry of Home Affairs after consultation with the Director and with the approval of the Ministry of Finance may appoint such professional and other officers and servants as may be necessary to assist the Director in carrying out the duties of his office.
(4) There shall be paid to the Director and to the deputy Director and to such professional and other officers and servants as aforesaid such salaries or other remuneration and such allowances by way of superannuation or otherwise in respect of their services in that behalf as the Ministry of Finance may determine, and the deputy Director and all such professional and other officers and servants shall in all matters be subject to the direction and control of the Director.
(5) A person shall not be appointed to be Director unless at the date of his appointment he has practised for not less than 10 years either at the Bar of Northern Ireland or as a solicitor...
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