Section 38: Prosecution of offences investigated by SOCA
132.This section sets out the respective functions of the Director of Revenue and Customs Prosecutions (DRCP) and of the Director of Public Prosecutions (DPP) in respect of offences investigated by SOCA. Subsection (1) confers on the DRCP a power to institute and conduct criminal proceedings that arise out of a criminal investigation by SOCA relating to a ‘designated offence’ and a duty to take over the conduct of criminal proceedings instituted by SOCA in respect of such an offence. Subsection (3) confers a parallel power and duty on the DPP in respect of a non-designated offence. Subsections (2) and (4) impose a duty on the DRCP and the DPP respectively to provide advice to SOCA and others in relation to criminal investigations by the Agency and proceedings that arise out of such investigations. Subsection (5) applies the provisions in sections 23 and 23A (as inserted by Schedule 8 to the Crime and Disorder Act 1998) of the Prosecution of Offences Act 1985 – which confer a power on the DPP to discontinue proceedings – to proceedings conducted by the DRCP under this section. Subsection (6) enables the DRCP to delegate his functions under this section either to a member of the Revenue and Customs Prosecutions Office or to a person (who is not a member of RCPO) appointed by him. Subsection (7) is the interpretation subsection. In particular it defines a ‘designated offence’ as an offence which falls to be prosecuted by RCPO by virtue of directions under section 39.
