Serious Organised Crime and Police Act 2005

39Directions as to reference of cases and proceedings to appropriate prosecutor

(1)The Directors may give directions to SOCA—

(a)for enabling SOCA to determine whether cases arising out of criminal investigations by SOCA are to be referred to the Director of Revenue and Customs Prosecutions, or to the Director of Public Prosecutions, in order for him to consider whether to institute proceedings in accordance with section 38(1)(a) or (3)(a);

(b)for enabling SOCA to determine whether criminal proceedings instituted by SOCA are to be referred to the Director of Revenue and Customs Prosecutions, or to the Director of Public Prosecutions, in order for him to take over their conduct in accordance with section 38(1)(b) or (3)(b);

(c)specifying, in relation to any cases or proceedings that are to be so referred to the Director of Revenue and Customs Prosecutions or the Director of Public Prosecutions, the steps to be taken by SOCA in connection with referring them to him.

(2)Directions under subsection (1) may provide for cases or proceedings to be referred to one or other of the Directors by reference to—

(a)whether the cases or proceedings relate to an offence falling within a category of offences specified in the directions; or

(b)whether any criteria so specified are satisfied with respect to the cases or proceedings; or

(c)such other matters as the Directors think fit.

(3)The Directors may from time to time revise any directions given under this section.

(4)The Directors must publish in such manner as they think fit—

(a)any directions given under this section, and

(b)any revisions made to such directions;

and they must give a copy of any such directions or revisions to SOCA.

(5)A report to which this subsection applies must set out —

(a)any directions given under this section, and

(b)any revisions made to such directions,

in the year to which the report relates.

(6)Subsection (5) applies to—

(a)a report under section 9 of the Prosecution of Offences Act 1985 (c. 23) (report to Attorney General by Director of Public Prosecutions), and

(b)a report under paragraph 6 of Schedule 3 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (report to Attorney General by Director of Revenue and Customs Prosecutions).

(7)Directions under this section may make different provision for different cases, circumstances or areas.

(8)If there is a failure to comply with directions under this section in relation to the reference of any matter to one of the Directors, neither—

(a)the reference, nor

(b)anything subsequently done in connection with the matter,

is invalid by reason of anything in the directions or in section 38.

(9)In this section “the Directors” means the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions, acting jointly.