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PROSECUTION OF OFFENCES (NORTHERN IRELAND) ORDER 1972

PROSECUTION OF OFFENCES (NORTHERN IRELAND) ORDER 1972 - LONG TITLE

[30th March 1972]
[{6}statutory provision], whether passed before or after the coming
into operation of this Order whereby the consent of the Attorney
General [{11}or the Director] is required (whether by itself or as
an alternative to the consent of any other authority or person) to
the initiation or carrying on of proceedings for an offence; . .
.{12} C>[{11}""relevant consent provision'' means C >>( a ) any
enactment of the Parliament of Northern Ireland whereby the consent
of the Attorney General is required (whether by itself or as an
alternative to the consent of any other authority or person) to the
initiation or carrying on of proceedings for an offence; C >>( b )
any enactment of the Parliament of the United Kingdom whereby E >>
>(i) in Northern Ireland, the consent of the Attorney General is
required (whether by itself or as an alternative to the consent of
any other authority or person) to the initiation or carrying on of
proceedings for an offence; but E >>> (ii) in England and Wales,
the consent of the Director of Public Prosecutions for England and
Wales is required (whether by itself or as an alternative to the
consent of any other authority or person) to the initiation or
carrying on of proceedings for the like offence.]

(2) Unless the Attorney General otherwise directs, a [relevant
consent provision] passed before the coming into operation of this
Order shall be deemed to be complied with as respects the
initiation after such coming into operation of proceedings for an
offence to which it applies if the consent to the initiation or
carrying on of those proceedings is given by the Director.

(3) Without prejudice to anything contained in a consent provision
or in any other [statutory provision] a consent provision

Sub-para.(a) rep. by 1975 c.59 s.14(5) sch.6 Pt.II

(b)shall be deemed to be complied with if the consent is produced
to the court, in the case of an indictable offence, at any time
before the indictment is presented or, in the case of an offence
to be tried summarily, at any time before the plea of the accused
person is taken.

(4) For the purposes of a consent provision it shall be sufficient
to describe the offence to which the consent relates in general
terms and

(a)to describe or designate in ordinary language any property or
place to which reference is made in the consent so as to identify
with reasonable clearness that property or place in relation to the
offence; and

(b)to describe or designate the accused person or any other person
to whom reference is made in the consent in terms which are
reasonably sufficient to enable him to be identified in relation to
the offence, without necessarily stating his correct name, or his
abode, style, degree or occupation.

(5) A consent required by a consent provision may be amended at
any time before the arraignment of the accused person or, in the
case of a summary trial, before the plea of the accused person is
taken, and if at any subsequent stage of a trial it appears to
the court that the consent is defective the court may afford the
person or authority giving the consent the opportunity of making
such amendments as the court may think necessary if the court is
satisfied that such amendments can be made without injustice to the
accused person.

(6) Any document purporting to be the consent, authorisation or
direction of the Director or his deputy to or for the initiation
or carrying on of criminal proceedings or criminal proceedings in
any particular form, and to be signed by the Director or his
deputy, as the case may be, shall be admissible as prima facie
evidence without further proof.

PROSECUTION OF OFFENCES (NORTHERN IRELAND) ORDER 1972 - SECT 8

8.(1) On such day as the Ministry of Home Affairs may by order
appoint the Office of Crown Solicitor for any county or place shall
be abolished, and the functions of every such Crown Solicitor in
connection with criminal proceedings shall thereupon become functions
of the Director.

(2) The Ministry of Home Affairs with the approval of the Ministry
of Finance may by regulations make provision for the payment by the
Ministry of Home Affairs, subject to such exceptions or conditions
as may be prescribed by the regulations, of compensation to or in
respect of persons who immediately before the day appointed as
aforesaid, hold and have held, for such minimum period as may be
prescribed by the regulations, part-time office as Crown Solicitor
for any county or place.

(3) Where a person who receives compensation pursuant to regulations
made under paragraph (2) above is appointed to any post under
article 4 of this Order, he shall repay to the Ministry that
compensation or such part thereof as the Ministry with the approval
of the Ministry of Finance may determine.

(4) Regulations made under paragraph (2) above may include provision
as to the manner in which the claim for compensation is to be
made, and for the determination of any question arising under the
regulations.

Art.9(1) amends ss.73, 96, 97, 106, 120 of, and sch.8 to, 1962
c.14 (NI); para.(2) amends Note3 (later rep.) in sch.1 to 1969 c.10
(NI); para.(3) amends s.20 of 1954 c.33 (NI). Art. 10 amends s.18
of 1945 c.15 (NI)