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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s. 8(1)(c), repealed by No. 77/2013 s. 18(1).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