PUBLIC PROSECUTIONS ACT 1994 - SECT 30 Delegation
PUBLIC PROSECUTIONS ACT 1994 - SECT 30
Delegation(1) Subject to subsection (2), the Director may, by instrument, delegate to the Chief Crown Prosecutor or to a Crown Prosecutor any function or power of the Director under this Act other than—
S. 30(1)(a) amended by Nos 2/1998
s. 8(1)(b), 68/2009 s. 92(1).
(a) the power to file an indictment against any person for an offence; and
S. 30(1)(b) amended by No. 2/1998
s. 8(1)(c), repealed by No. 77/2013 s. 18(1).
* * * * *
S. 30(1)(c) substituted by No. 3/2012 s. 17.
(c) any function or power the Director has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8; and
S. 30(1)(ca) inserted by No. 3/2012 s. 17.
(ca) a power in relation to the appointment of the Solicitor for Public Prosecutions or Associate Crown Prosecutors; and
(d) this power of delegation.
S. 30(2) inserted by No. 2/1998
s. 8(2), amended by No. 68/2009 s. 92(2).
(2) The Director may only delegate his or her power to discontinue a prosecution to the Chief Crown Prosecutor or a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor and then only if the decision to discontinue the prosecution is not required to be treated as a special decision for the purposes of this Act.
S. 30(3) inserted by No. 2/1998
s. 8(2), substituted by No. 77/2013 s. 18(2).
(3) The Director may, by instrument, delegate to
the Chief Crown Prosecutor or to a Crown Prosecutor his or her power to give
any authority, sanction or consent required by or under any Act for the
commencement of a criminal proceeding.
Part 5—Crown Prosecutors