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PUBLIC PROSECUTIONS ACT 1994 - SECT 38 Functions of Associate Crown Prosecutors

PUBLIC PROSECUTIONS ACT 1994 - SECT 38

Functions of Associate Crown Prosecutors

    (1)     The functions of an Associate Crown Prosecutor are—

        (a)     to conduct, and appear in, proceedings on behalf of the Director;

        (b)     any other functions that are given to Associate Crown Prosecutors by or under this or any other Act or by the Director.

    (2)     In the performance of his or her functions an Associate Crown Prosecutor must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.

    (3)     An Associate Crown Prosecutor is—

        (a)     subject to the general direction and control of the Director in the performance of the Associate Crown Prosecutor's functions; and

        (b)     responsible to the Director for the due performance of the Associate Crown Prosecutor's functions; and

        (c)     under the day to day management of the Chief Crown Prosecutor.

Note

The Solicitor for Public Prosecutions has the functions of a public service body Head under the Public Administration Act 2004 in relation to Associate Crown Prosecutors.

    (4)     Nothing in this Act empowers the Director or the Chief Crown Prosecutor to give any direction to an Associate Crown Prosecutor with respect to the functions and powers an Associate Crown Prosecutor has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8.

Pt 7 (Heading and ss 40, 41) amended by Nos 36/1995 s. 6(3), 46/1998 s. 7(Sch. 1), 4/2004 s. 5, 108/2004 s. 117(1) (Sch.  3 item 167.3), substituted as Pt 7 (Heading and ss 3944) by No. 3/2012 s. 21.

Part 7—Office of Public Prosecutions

Division 1—Office of Public Prosecutions

S. 39 substituted by No. 3/2012 s. 21.