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Crown Copyright Acknowledged


Prosecution of Offences Act 1985 (-)
Search lawindexpro for case law on this statute.
This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.

6:-

    (1) 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.

    (2) 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.


16:-

    (2) Where -

      . . .

      (b) any person is tried on indictment and acquitted on any count in the indictment the Crown Court may make a defendant's cost order in favour of the accused.

    . . .

    (6) A defendant's costs order shall, subject to the following provisions of this section, be for the payment out of central funds, to the person in whose favour the order is made, of such amount as the court considers reasonably sufficient to compensate him for any expenses properly incurred by him in the proceedings.

    (7) Where a court makes a defendant's costs order but is of the opinion that there are circumstances which make it inappropriate that the person in whose favour the order is made should recover the full amount mentioned in subsection (6) above, the court shall--

      (a) assess what amount would, in its opinion, be just and reasonable; and

      (b) specify that amount in the order.

    (8) ...

    (9) Subject to subsection (7) above, the amount to be paid out of central funds in pursuance of a defendant's costs order shall--

      (a) be specified in the order, in any case where the court considers it appropriate for the amount to be so specified and the person in whose favour the order is made agrees the amount; and

      (b) in any other case, be determined in accordance with regulations made by the Lord Chancellor for the purposes of this section.


22:-

    (3) The appropriate court may, at any time before the expiry of a time limit imposed by the regulations, extend, or further extend, that limit; but the court shall not do so unless it is satisfied

      (a) that the need for the extension is due to

        (i) the illness or absence of the accused, a necessary witness, a judge or a magistrate;

        (ii) a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or

        (iii) some other good and sufficient cause; and

      (b) that the prosecution has acted with all due diligence and expedition.


25:-

    (1) A person who in any proceedings has been charged with or convicted of an offence to which this section applies in circumstances to which it applies shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it.

    (2) This section applies, subject to sub-section (3) below, to the following offences, that is to say

      (a) murder;

      (b) attempted murder;

      (c) manslaughter;

      (d) rape under the law of Scotland or Northern Ireland;

      (e) an offence under section 1 of the Sexual Offences Act 1956 (rape);

      (f) an offence under section 1 of the Sexual Offences Act 2003 (rape);

      [(g) to (m) describe a series of further serious sexual offences provided for by the Sexual Offences Act 2003];

      (n) an attempt to commit an offence within any of paragraphs (d) to (m).

    (3) This section applies to a person charged with or convicted of any such offence only if he has been previously convicted by or before a court in any part of the United Kingdom of any such offence or of culpable homicide and, in the case of a previous conviction of manslaughter or of culpable homicide, if he was then sentenced to imprisonment or, if he was then a child or young person, to long-term detention under any of the relevant enactments.


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09 June 2010
http://www.swarb.co.uk/acts/1985Prosecution_of_OffencesAct.html ver 9 July 2010