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Offences (Prosecution Consent)

Volume 449: debated on Monday 24 July 2006

To ask the Solicitor-General if he will list the offences which may be prosecuted only with the consent of (a) the Solicitor-General and (b) the Director of Public Prosecutions. (87111)

By statute, certain offences require the consent of the Attorney-General or the Director of Public Prosecutions (DPP) in order for there to be a prosecution. The Law Officers Act 1997, section 1, provides that any function of the Attorney-General (which includes therefore the granting of consent to prosecute) may be exercised by the Solicitor-General.

It would involve disproportionate resources to produce a complete list of the many offences requiring Attorney-General’s and DPP’s consent to prosecute. A list of most of such offences is reproduced at appendix A of the Law Commission’s 1998 report, “Consents to Prosecution”.