Prosecution of Offences Act 1985

Last updated

Prosecution of Offences Act 1985
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to provide for the establishment of a Crown Prosecution Service for England and Wales; to make provision as to costs in criminal cases; to provide for the imposition of time limits in relation to preliminary stages of criminal proceedings; to amend section 42 of the Supreme Court Act 1981 and section 3 of the Children and Young Persons Act 1969; to make provision with respect to consents to prosecutions; to repeal section 9 of the Perjury Act 1911; and for connected purposes.f
Citation 1985 c. 23
Territorial extent  England and Wales
Dates
Royal assent 23 May 1985
Status: Amended
Text of the Prosecution of Offences Act 1985 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Prosecution of Offences Act 1985 (c. 23) was an Act of Parliament in the United Kingdom. Its main effects were to establish the Crown Prosecution Service (CPS), to transfer the responsibility of prosecution of offences from the police to the CPS, [1] and to codify the prosecution process.

Related Research Articles

<span class="mw-page-title-main">Kidnapping</span> Unlawful abduction of someone and holding them captive

In criminal law, kidnapping is the unlawful abduction, asportation and confinement of a person against their will. Kidnapping is typically but not necessarily accomplished by use of force or fear; i.e., it also usually involves menace/assault or/and battery; but it is still kidnapping without those additional elements, or if a person is enticed to enter the vehicle or dwelling willingly.

<span class="mw-page-title-main">Crown Prosecution Service</span> Principal public agency for conducting criminal prosecutions in England and Wales

The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.

<span class="mw-page-title-main">Prosecutor</span> Legal profession

A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

<span class="mw-page-title-main">Sexual Offences Act 2003</span> United Kingdom legislation

The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.

Breach of the peace or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.

<span class="mw-page-title-main">British Naturism</span> Naturism organization in the United Kingdom

British Naturism is a members organisation with both individual and organisation members. It promotes naturism in the United Kingdom, and it is recognised by the International Naturist Federation as the official national naturist organisation in that country.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in the criminal legal system of England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

<span class="mw-page-title-main">Criminal Justice Act 2003</span> United Kingdom legislation

The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.

A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt.

<span class="mw-page-title-main">Prostitution in the United Kingdom</span>

In Great Britain, the act of engaging in sex as part of an exchange of various sexual services for money is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are illegal. In Northern Ireland, which previously had similar laws, paying for sex became illegal from 1 June 2015.

Harassment, alarm or distress is an element of a statutory offence in England and Wales, arising from an expression used in sections 4A and 5 of the Public Order Act 1986, which created the offence. The Act was amended in 1994.

A kerb crawler is a person who drives around areas known for street prostitution, soliciting prostitutes for sexual activity. The act is known as kerb crawling because the person will typically drive very slowly along the kerbside.

<i>Undercover Mosque</i>

Undercover Mosque is a documentary programme produced by the British independent television company Hardcash Productions for the Channel 4 series Dispatches that was first broadcast on 15 January 2007 in the UK. The documentary presents video footage gathered from 12 months of secret investigation into mosques throughout Britain. The documentary caused a furore in Britain and the world press due to the extremist content of the released footage. West Midlands Police investigated whether criminal offences had been committed by those teaching or preaching at the Mosques and other establishments.

<span class="mw-page-title-main">Corporate Manslaughter and Corporate Homicide Act 2007</span> United Kingdom legislation

The Corporate Manslaughter and Corporate Homicide Act 2007 is an Act of the Parliament of the United Kingdom that seeks to broaden the law on corporate manslaughter in the United Kingdom. The Act created a new offence respectively named corporate manslaughter in England and Wales and Northern Ireland, and corporate homicide in Scotland.

A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.

<span class="mw-page-title-main">Vagrancy Act 1824</span> United Kingdom legislation

The Vagrancy Act 1824 is an Act of Parliament of the United Kingdom that makes it an offence to sleep rough or beg in England and Wales. The legislation was passed in Georgian England to combat the increasing number of people forced to live on the streets due to the conclusion of the Napoleonic Wars and the social effects of the Industrial Revolution. Critics of the law included politician and abolitionist, William Wilberforce, who condemned the Act for making it a catch-all offence for vagrancy with no consideration of the circumstances as to why an individual might be homeless.

<span class="mw-page-title-main">Sexual Offences Act 1985</span> United Kingdom legislation

The Sexual Offences Act 1985 (c.44) was an Act of the Parliament of the United Kingdom that created two offences concerning prostitution, and increased the maximum sentence for attempted rape from seven years to life imprisonment. The act was applicable in England and Wales only.

<span class="mw-page-title-main">Director of Public Prosecutions (England and Wales)</span> Senior legal office in England and Wales

The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS) and the third most senior public prosecutor in England and Wales, ranking after the attorney general and solicitor general.

The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation.

R v Walker was an English Crown Court case that was a test of the Obscene Publications Act 1959. It was the first such prosecution involving written material in nearly two decades and set a precedent in use of the act to prosecute web fiction. In October 2008, the defendant, civil servant Darryn Walker was charged with publishing an obscene story contrary to Section 2(1). It appeared on an internet site. A newspaper sparked the prosecution as it involved a real person fiction erotic horror story about the murder of the members of British pop group Girls Aloud. The case was abruptly abandoned on its first day and the defendant was cleared of all charges.

References

  1. David S. Wall. "The Historical Development of Policing". Centre for Criminal Justice Studies, University of Leeds. Archived from the original on 19 February 2008. Retrieved 27 February 2008.