Prosecution of Offences Act 1879

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Prosection of Offences Act 1879 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title An Act for more effectually providing for the Prosecution of Offences in England, and for other purposes.
Citation 42 & 43 Vict. c. 22
Territorial extent  United Kingdom of Great Britain and Ireland
Dates
Royal assent 3 July 1879
Commencement 1 January 1880 [2]
Other legislation
Repealed by Prosecution of Offences Act 1979, s 11 & Sch 2
Status: Repealed
Text of statute as originally enacted

The Prosecution of Offences Act 1879 (42 & 43 Vict. c. 22) was an act of the Parliament of the United Kingdom. It was one of the Prosecution of Offences Acts 1879 to 1908. [3]

It established the role of Director of Public Prosecutions at a maximum annual salary of £2,000, reporting to the Attorney General, with up to six assistants. [4] Both director and assistants had to be barristers or solicitors of the Supreme Court of Judicature with a minimum of ten (director) or seven (assistants) years' experience, but were not allowed to practice outside their roles as assistants or Director. [4]

The director's role was to "institute, undertake, or carry on ... similar [criminal] proceedings" at Crown Courts and before magistrates, justices of the peace and sessions of oyer and terminer, as well as advising those involved in such proceedings, such as court clerks and head police officers. [4] It also provided for the Director to force a prosecution if others failed or refused to do so. [4]

The Prosecution of Offences Regulations 1946 (SR&O 1946/1467) (L 17) [5] were made under this act.

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References

  1. The citation of this Act by this short title was authorised by section 1 of this Act. Due to the repeal of this Act, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. The Prosecution of Offences Act 1879, section 10
  3. The Prosecution of Offences Act 1884 (47 & 48 Vict. c. 58), section 1; the Prosecution of Offences Act 1908 (8 Edw. 7. c. 3), section 3(2)
  4. 1 2 3 4 The Public General Statutes: Passed in the Forty-second and Forty-third Years of the Reign of Her Majesty Queen Victoria... , p. 43-46, at Google Books
  5. The Statutory Rules & Orders and Statutory Instruments Revised to December 31, 1948. vol 5. p 329.