The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014

• Citation: S.I. 2014/834
• Sections: 139

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 and comes into force on the day after the day on which it is made.

(2) Any amendment, repeal or revocation made by this Order has the same extent as the enactment to which it relates.

Section 2 Interpretation

In this Order—

“the CPS ” means the Crown Prosecution Service;

“the CRCA 2005 ” means the Commissioners for Revenue and Customs Act 2005 ;

“the DPP ” means the Director of Public Prosecutions;

“the DRCP ” means the Director of Revenue and Customs Prosecutions;

“the POA 1985 ” means the Prosecution of Offences Act 1985 ;

“the RCPO ” means the Revenue and Customs Prosecutions Office.

Section 3 Abolition of the DRCP and transfer of statutory functions to the DPP: merger of offices

(1) The office of the DRCP is abolished.

(2) Subject to provision made by Schedules 1 to 3 to this Order, the functions of the DRCP are transferred to the DPP.

(3) The following Schedules have effect—

(a) Schedule 1 (amendments of the POA 1985 and the CRCA 2005);

(b) Schedule 2 (amendments of other Acts);

(c) Schedule 3 (amendments of secondary legislation).

Section 4 Transfer of property, rights and liabilities

(1) All property, rights and liabilities to which the DRCP or the RCPO is entitled or subject at the coming into force of this Order are transferred to the DPP or, as the case may be, the CPS.

(2) Paragraph (1) has effect in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred;

(b) without any instrument or other formality being required;

(c) irrespective of any requirement for consent that would otherwise apply.

Section 5 The abolition of the office of the DRCP: supplementary

(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the DRCP before the coming into force of this Order.

(2) Anything done (or having effect as if done) by or in relation to the DRCP has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the DPP.

(3) Anything (including legal proceedings) which at the coming into force of this Order is in the process of being done by or in relation to the DRCP may be continued by or in relation to the DPP.

(4) So far as is necessary or appropriate, after the coming into force of this Order, a reference to the DRCP in an enactment, agreement (whether written or not), instrument or other document is to be treated as a reference to the DPP.

(5) In this article—

(a) a reference to the DRCP includes a reference to the RCPO, a Revenue and Customs Prosecutor, a member of the staff of the RCPO other than a Revenue and Customs Prosecutor and a person appointed under section 38 of the CRCA 2005, and

(b) a reference to the DPP is to be read, so far as is necessary or appropriate, as being a reference to the CPS, a Crown Prosecutor, a member of the staff of the CPS other than a Crown Prosecutor or a person appointed under section 5 of the POA 1985.

Section 6 Saving of powers to conduct proceedings

(1) Where the DPP has conduct of proceedings by virtue of article 5(3), the DPP is to be treated, notwithstanding the repeals and amendments made by this Order—

(a) as acting under the enactment under which the DRCP was acting at the coming into force of this Order, and

(b) as having the same powers to take steps in relation to those proceedings as the DRCP would have had.

(2) In this article—

(a) a reference to the DRCP includes a reference to a Revenue and Customs Prosecutor and a person appointed under section 38 of the CRCA 2005, and

(b) a reference to the DPP is to be read, so far as is necessary or appropriate, as being a reference to a Crown Prosecutor or a person appointed under section 5 of the POA 1985.

Section 7 Transfer of appointments, etc

An appointment of a person under section 38 of the CRCA 2005 (appointment of person to conduct proceedings on behalf of the RCPO) relating to—

(a) specified proceedings, or

(b) a specified class or description of proceedings,

is to be treated after the coming into force of this Order as if it were an appointment of a person by the DPP under section 5 of the POA 1985 relating to the same proceedings or the same class or description of proceedings.

Section 8 Assignment of functions

An assignment of a function to the DRCP by order under section 31(1) of the Borders, Citizenship and Immigration Act 2009 (power to assign prosecution functions relating to criminal investigations by designated customs officials etc) is to be treated after the coming into force of this Order as if it were an assignment to the DPP under section 3(2)(g) of the POA 1985.

Section 9 Confidentiality of information

Information held by the CPS by reason of a transfer of property, rights and liabilities to the DPP or the CPS under article 4 is to be treated for the purposes of section 40 of the CRCA 2005 (as amended by this Order) as if it were information disclosed to the DPP by Her Majesty’s Revenue and Customs for use in connection with a Revenue and Customs function of the DPP (within the meaning of section 40(6A) of the CRCA 2005).

Section 10 Superintendence of the Attorney General

Functions exercisable by the DPP by virtue of this Order are to be discharged under the superintendence of the Attorney General.

Section 1

The POA 1985 is amended as follows.

Section 2

(1) Section 3 (functions of the DPP) is amended as follows.

(2) After subsection (2)(aa) insert—

(ab) to take over the conduct of any criminal proceedings instituted in England and Wales by the Revenue and Customs;

(3) After subsection (2)(ba) insert—

(bb) where it appears to him appropriate to do so, to institute and have the conduct of any criminal proceedings in England and Wales relating to a criminal investigation by the Revenue and Customs;

(4) After subsection (2)(ed) insert—

(ee) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on matters relating to—

(i) a criminal investigation by the Revenue and Customs; or

(ii) criminal proceedings instituted in England and Wales relating to a criminal investigation by the Revenue and Customs;

(5) In subsection (3), at the appropriate place, insert—

“criminal investigation” means any process—

for considering whether an offence has been committed;

for discovering by whom an offence has been committed; or

as a result of which an offence is alleged to have been committed;

(6) After subsection (3) insert—

(3A) In this section a reference to the Revenue and Customs is a reference to—

(a) the Commissioners for Her Majesty’s Revenue and Customs;

(b) an officer of Revenue and Customs; or

(c) a person acting on behalf of the Commissioners or an officer of Revenue and Customs.

Section 3

(1) Section 5 (conduct of prosecutions on behalf of the CPS by a person appointed by the DPP) is amended as follows.

(2) After subsection (1) insert—

(1A) The Director may at any time appoint such a person—

(a) to exercise a function of the Director under section 3(2)(ab) or (bb) in relation to a class or description of criminal proceedings specified in the appointment;

(b) to exercise a function of the Director under section 3(2)(ee) in relation to—

(i) such criminal proceedings as are specified in the appointment, or

(ii) a class or description of criminal proceedings specified in the appointment; or

(c) to appear in—

(i) Revenue and Customs cash recovery proceedings specified in the appointment, or

(ii) a class or description of Revenue and Customs cash recovery proceedings specified in the appointment.

(1B) In subsection (1A)—

“Revenue and Customs cash recovery proceedings” means proceedings in which the Director or a Crown Prosecutor would otherwise appear by virtue of section 302A(2) of the Proceeds of Crime Act 2002 (cash recovery proceedings relating to revenue and customs matters).

(3) In subsection (2), for “this section” substitute “subsection (1) or exercising functions by virtue of an appointment made under subsection (1A)”.

Section 4

(1) Section 7A (powers of non-legal staff) is amended as follows.

(2) In subsection (1), for “, for the purposes of this section,” substitute “under this subsection”.

(3) In subsection (2), after “the designation” insert “under subsection (1)”.

(4) After subsection (2) insert—

(2A) The Director may designate under this subsection members of the staff of the Crown Prosecution Service who are not Crown Prosecutors.

(2B) A person designated under subsection (2A) has the powers and rights of audience of a Crown Prosecutor in relation to—

(a) Revenue and Customs cash recovery proceedings specified in the designation under subsection (2A), or

(b) a class or description of Revenue and Customs cash recovery proceedings specified in the designation under subsection (2A).

(5) In subsection (3)—

(a) for “so designated” substitute “designated under subsection (1) or (2A)”;

(b) for “any such powers” substitute “any powers so conferred”.

(6) In subsection (5), at the appropriate place, insert—

“Revenue and Customs cash recovery proceedings” has the meaning given by section 5(1B).

(7) In subsection (7)(a), for “under this section” substitute “under subsection (1) or (2A)”.

(8) In subsection (8), for “under this section” substitute “under subsection (1) or (2A)”.

(9) In subsection (9), for “under this section” substitute “under subsection (1) or (2A)”.

(10) In subsection (10), for “under this section” substitute “under subsection (1) or (2A)”.

Section 5

The CRCA 2005 is amended as follows.

Section 6

In section 19 (wrongful disclosure), in subsection (5), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.

Section 7

(1) Section 21 (disclosure to prosecuting authority) is amended as follows.

(2) In subsection (1)(b)(ii), omit “(within the meaning of section 35(5)(b))”.

(3) In subsection (1)(b)(iii), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

(4) In subsection (2)(a), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

(5) After subsection (2) insert—

(2A) In subsection (1) “criminal investigation” means any process—

(i) for considering whether an offence has been committed,

(ii) for discovering by whom an offence has been committed, or

(iii) as a result of which an offence is alleged to have been committed.

(6) In subsection (7), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.

Section 8

In section 29 (confidentiality, etc), in subsection (7), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.

Section 9

Omit sections 34 to 39 (establishment and organisation of the RCPO).

Section 10

(1) Section 40 (confidentiality) is amended as follows.

(2) In subsection (1)—

(a) for “The Revenue and Customs Prosecutions Office” substitute “The Crown Prosecution Service”;

(b) in paragraph (a), for “the Prosecutions Office in connection with any of its functions” substitute “the Service in connection with any of the Director of Public Prosecution’s functions”;

(c) omit the “and” following paragraph (a);

(d) after paragraph (b) insert—

, and

(c) was disclosed to the Director of Public Prosecutions by Her Majesty’s Revenue and Customs for use in connection with a Revenue and Customs function of the Director of Public Prosecutions.

(3) In subsection (2)—

(a) in paragraph (a)(i), for “the Prosecutions Office” substitute “the Director of Public Prosecutions”;

(b) in paragraph (a)(ii), after “the Director” insert “of Public Prosecutions”;

(c) in paragraph (ca)(iii), omit “the Director of Public Prosecutions,”;

(d) omit paragraph (cb);

(e) in paragraph (d), after “the Director” insert “of Public Prosecutions”;

(f) after paragraph (e) insert—

(ea) does not apply to a disclosure made with the consent of the Commissioners (which may be general or specific),

(4) In subsection (4)—

(a) for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”;

(b) for “the Office” substitute “the Service”.

(5) In subsection (6)—

(a) for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”;

(b) before paragraph (a) insert—

(za) former members of the Crown Prosecution Service,

(zb) persons who hold or have held appointment under section 5 of the Prosecution of Offences Act 1985,

(c) in paragraph (a), for “the Office” substitute “the Revenue and Customs Prosecutions Office”;

(d) in paragraph (b), omit “hold or”.

(6) After subsection (6) insert—

(6A) In this section “Revenue and Customs function of the Director of Public Prosecutions” means—

(a) a function of the Director of Public Prosecutions under section 3(2)(ab), (bb) or (ee) of the Prosecution of Offences Act 1985, or

(b) a function of the Director of Public Prosecutions under the Proceeds of Crime Act 2002 that relates to a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs.

(7) In subsection (8), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.

(8) Omit subsection (10A).

Section 11

Omit section 41 (disclosure of information to the DRCP).

Section 12

Omit section 42 (inspection of the RCPO).

Section 13

Omit section 49 (transfer of property etc to the DRCP).

Section 14

Omit Schedule 3 (further provision as to the DRCP and the RCPO).

Section 15

In Schedule 4 (consequential amendments), omit paragraphs 30, 41, 69, 77 and 97.

Section 1 Biological Weapons Act 1974

In section 1B of the Biological Weapons Act 1974 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

Section 2 Customs and Excise Management Act 1979

In the following provisions of the Customs and Excise Management Act 1979 , for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”—

(a) in section 145 (institution of proceedings), subsection (1)(a);

(b) in section 146A (time limits for proceedings), subsection (7)(a);

(c) in section 150 (incidental provisions as to legal proceedings), subsection (1).

Section 3 Limitation Act 1980

The Limitation Act 1980 is amended as follows.

Section 4 Limitation Act 1980

In section 27A (actions for recovery of property obtained through unlawful conduct etc), omit subsection (8)(c).

Section 5 Limitation Act 1980

In section 27AB (actions to prohibit dealing with property subject to an external request), omit subsection (6)(c).

Section 6 Limitation Act 1980

In section 27B (actions for recovery of property for purposes of an external order), omit subsection (8)(c).

Section 7 Criminal Justice Act 1987

In section 3 of the Criminal Justice Act 1987 (disclosure of information), in subsection (1)(b), for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”.

Section 8 Criminal Justice (International Co-operation) Act 1990

In section 21 of the Criminal Justice (International Co-operation) Act 1990 (jurisdiction and prosecutions), in subsection (2)(a), omit “or the Director of Revenue and Customs Prosecutions”.

Section 9 Drug Trafficking Act 1994

In section 60 of the Drug Trafficking Act 1994 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

Section 10 Criminal Appeal Act 1995

In section 22 of the Criminal Appeal Act 1995 (meaning of “public body” etc), omit subsection (4)(f).

Section 11 Chemical Weapons Act 1996

In section 30A of the Chemical Weapons Act 1996 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

Section 12 Petroleum Act 1998

In section 5C of the Petroleum Act 1998 (offences under section 5B: supplemental), in subsection (1), for the words from “except—” to the end substitute “except by or with the consent of the Director of Public Prosecutions.”.

Section 13 Landmines Act 1998

In section 21 of the Landmines Act 1998 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

Section 14 Crime and Disorder Act 1998

The Crime and Disorder Act 1998 is amended as follows.

Section 15 Crime and Disorder Act 1998

In section 51B (notices in serious or complex fraud cases), omit subsection (9)(c).

Section 16 Crime and Disorder Act 1998

In section 66H (interpretation), omit paragraph (e)(iii).

Section 17 Crown Prosecution Service Inspectorate Act 2000

In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions), omit subsection (4).

Section 18 Anti-terrorism, Crime and Security Act 2001

In section 53 of the Anti-terrorism, Crime and Security Act 2001 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

Section 19 Proceeds of Crime Act 2002

The Proceeds of Crime Act 2002 is amended as follows.

Section 20 Proceeds of Crime Act 2002

(1) Section 2A (contribution to the reduction of crime) is amended as follows.

(2) Omit subsection (2)(d).

(3) In subsection (3)(b), omit “, the Director of Revenue and Customs Prosecutions”.

Section 21 Proceeds of Crime Act 2002

(1) Section 2C (prosecuting authorities) is amended as follows.

(2) In subsection (2)—

(a) omit “the Director of Revenue and Customs Prosecutions or”;

(b) omit “concerned”.

(3) In subsection (3A), omit “and the Director of Revenue and Customs Prosecutions”.

(4) Omit subsection (4)(c).

Section 22 Proceeds of Crime Act 2002

In section 55 (sums received by designated officer), omit subsection (8)(f).

Section 23 Proceeds of Crime Act 2002

In section 72 (serious default by prosecutors etc), omit subsection (9)(d).

Section 24 Proceeds of Crime Act 2002

In section 302A (powers for prosecutors to appear in proceedings), in subsection (2), for “The Director of Revenue and Customs Prosecutions” substitute “The Director of Public Prosecutions”.

Section 25 Proceeds of Crime Act 2002

In section 316 (general interpretation), in subsection (1), in the definition of “enforcement authority”, in paragraph (a), omit “, the Director of Revenue and Customs Prosecutions”.