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[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.
© 1972 Crown Copyright
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