HC Deb 14 March 1977 vol 928 cc39-45W

(Unless otherwise indicated, prosecutions may only be instituted by or with the consent of the DPP)


Agriculture Act 1970 S.22(1) (Unless by the Eggs Authority)

Offences under Part 1 of the Act

Agricultural Land (Removal of Surface Soil) Act 1953 S.3 (Unless by or with the consent of the Attorney-General)

S.1 Removal of more than 5 cu. yds. of soil from agricultural land without planning permission

Agriculture (Miscellaneous Provisions) Act 1954 S.9(7) (Unless by the local authority)

S.9(5) Wilfully depositing anything unsuitable for animal feeding stuffs in any receptacle provided by a local authority for that purpose

S.9(6) Offences against bye-laws regulating the collection of waste for animal feeding stuffs

Atomic Energy Act 1945 S.14(4)

S.11 Disclosure of information relating to atomic plant

Bankruptcy Act 1914 S.165 (Where the order of the court is made on the aplication of the Official Receiver and based upon his report, the Department of Trade may themselves, or through the Official Receiver, institute the prosecution and carry on the proceedings if or so long as these are conducted before a court of summary jurisdiction)

Offences against the Act or an offence arising out of or connected with any bankruptcy proceedings, in respect of which the court has ordered a prosecution

Betting, Gaming and Lotteries Act 1963 S.42(3)

S.42(1)(c)(iii) Printing, publishing etc., in a newspaper any matter relating to a lottery as is calculated to act as an inducement to persons to participate in that lottery or other lotteries

Borrowing (Control and Guarantees) Act 1946 Para. 3(1) of the Schedule

Offences against the Act

Building Control Act 1966 S. 9(7)

Offences against the Act

Civil Aviation Act 1949 SS. 24(9), 25(6) and 29(3) (Unless by or with the consent of the Minister)

S.24 Wilfully interfering with works carried out or with anything installed in pursuance of an order under this section or wilfully obstructing any person in the exercise of any power of entry conferred by such an order

S.25(4) Contravening an order prohibiting or restricting the use of a civil aerodrome

S.29(2) Obstructing a person authorised by the Minister to enter upon land for the purpose of survey

Coal Industry Nationalisation Act 1946 S.59(1) (Unless by or with the consent of the Minister)

Offences against this Act or Regulations made under the Act

Companies Act 1967 S. 91 (Unless by or with the consent of the Department of Trade or the Industrial Assurance Commissioner (S.91, as extended by S.52(7) Insurance Companies Amendment Act 1973)

Offences under Part II of the Act

Control of Pollutions Act 1974 SS.6(3), 18(3) and 100(5) (S.6(3)—Unless by the disposal authority which issued the licence)

Contravening conditions of a disposal licence trade subject to regulations under S.6(1) of the Act

S. 18(3) (Unless by an inspector appointed under S. 19 of the Health and Safety at Work etc. Act 1974)

Offences under S.78(1)—cable burning.

S. 100(5)

Offences against the regulations made under S.100 of the Act (Regulations prohibiting or restricting the importation and use etc. of injurious substances).

Cotton (Centralised Buying) Act 1947 S. 24(1) (Unless by or with the consent of the Board)

S. 23 Disclosure of information obtained for the purpose of functions under the Act.

Criminal Law Act 1967 SS. 4(4) and 5(3)

Offences under S. 4(1) of doing any act with intent to impede the arrest or prosecution of any person, knowing or believing that person to have committed an arrestable offence.

Offences under S. 5(1) of not disclosing information as to an arrestable offence, and accepting or agreeing to accept a consideration for not disclosing; and under S. 5(2) of giving false information and thereby causing wasteful employment of the police.

Development of Tourism Act 1969 Sch. 2, Para 3(2). Summary proceedings may be taken by the DPP at any time within 3 years of the offence and within 12 months after sufficient evidence to justify proceedings comes to the Director's knowledge.

Schedule 2 paragraph 3(1). Failure to comply with condition requiring notification of event on which a grant becomes repayable.

Electricity Act 1947 S. 62(1) (Unless by or with the consent of the Minister)

S. 61(1) Knowingly or recklessly making a statement which is false in a material particular in giving any information, making any claim or giving any notice for the purpose of any provision of the Act or of any regulation thereunder—Offences against any regulations made under the Act.

Electricity Act 1957 S. 30(8) (Unless by or with the consent of the Minister)

S. 30 Offences by electricity boards in relation to the certification of meters.

Emergency Laws (Re-enactments and Repeals) Act 1964 S. 14(1) (Unless by or with the consent of the Department of Trade or the Minister of Transport or the Treasury)

SS. 1, 2 & 3 Offences against the orders or directions under these Sections.

Exchange Control Act 1947 Para. 2(1) of Part II of the 5th Schedule

Offences punishable under the 5th Schedule Part II (in general all offences under the Act except customs offences).

Fair Trading Act 1973 S. 62(4)

SS. 58 & 62 Unlawful transfer of a newspaper or newspaper assets.

Finance Act 1965 S. 92 (In England and Wales, unless by or with the consent of the Minister of Transport)

S. 92 Offences against the section (grants towards duty charged on bus fuel).

Firearms Act 1968 S. 51(4)

Summary proceedings under the Act instituted after 6 months and within 4 years of the commission of the offence.

Fraudulent Mediums Act 1951 S. 1(4)

S. 1 With intent to deceive purporting to act for reward as a spiritualistic medium … or in purporting so to act … using any fraudulent device.

Gas Act 1972 S. 43(1) (Unless by or with the assent of the Secretary of State)

S. 42(1) Making false statements in a material particular in giving any information, making any claim or notice under the Act or regulations thereunder.

Geneva Conventions Act 1957 S. 1(3)

S. 1 Grave breaches of conventions set out in the Schedule to the Act.

Health & Safety at Work Etc. Act 1974 S.38 (Unless proceedings for an offence under the relevant statutory provisions are instituted by an inspector)

(By S.53 the "relevant statutory provisions" means:—

  1. (a) the provisions of Part I of the Act and of any health and safety regulations and agricultural health and safety regulations; and
  2. (b) the existing statutory provisions

Incitement to Disaffection Act 1934 S. 3(2)

S.1 Seduction of members of Her Majesty's Forces from duty of allegiance to Her Majesty

S.2 Having possession of documents to dissemination of which would constitute such an offence

Industry Act 1972 Schedule 1(4)(2) Summary proceedings in England and Wales may be taken by the Secretary of State or the Director up to 12 months from the date of evidence sufficient in their opinion reaching them, but not more than 3 years from the commission of the offence

—failure to comply with conditions of a grant

Insurance Companies Act 1974 SS. 81 & 82(2) (S.81 Unless by or with the consent of the Secretary of State or the Industrial Assurance Commissioner)

Offences under the Act

(S.82(2) In summary proceedings an information may be tried if it is laid at any time within 3 years after the offence and within 12 months after the date on which evidence is sufficient, in the opinion of the D.P.P., Secretary of State or the Industrial Assurance Commissioner, to justify the proceedings comes to his knowledge)

Land Cotntnission Act 1967 S.82(2)(a)

SS.81(2) & 81(4) Failing to comply with certain notices regarding levy

Local Government Act 1972 S.94(3)

S.94(1) Member of Local Authority failing to disclose pecuniary interest and taking part in discussions or voting on a matter in which he has such an interest

Marine & c. Broadcasting (Offences) Act 1967 S.6(5)

Offences against this Act

Mental Health Act 1959 SS.126(4) & 128(4)

S.126 Ill-treatment of patients

S.128 Sexual intercourse with patients

Mines and Quarries (Tips) Act 1969 S.27 (unless by local authority)

Offences against Part 2 of the Act

National Health Services Act 1946 S.35(11)

S.35 Selling or buying goodwill of medical practice

Nuclear Installations Act 1965 S.25(3) (Unless by the Minister)

Offences against the Act

Petroleunm & Submarine Pipe-Lines Act 1975 SS.29(2)(a) & 38(4) (Unless by the Secretary of State or a person authorised by him in that behalf)

S29(1) Offences under S.28(1) or created by the Regulations made under Part III of the Act

Pools Competitions Act 1971

S.6(2) Proceedings for offences under the Betting Gaming and Lotteries Act 1963 or the Gaming Act 1968, when the proceedings are against a promoter who has applied for a certificate to the Board or the Board has granted him a certificate and the alleged offence was committed before the grant.

Prevention of Fraud (Investments) Act 1958 S.14(7) (Unless by or with the consent of the Department of Trade)

S.14 Distributing circulars relating to investments

Prevention of Oil Pollution Act 1971 S.19(7)

S.3 Discharge of oil from pipelines into the sea

Protection of Depositors Act 1963 S.23(1) (Unless by or with the consent of the Department of Trade

Offences against this Act.

Radioactive Substances Act 1960 (unless by the Minister)

S. 13 Offences in connection with radioactive substances.

Rehabilitation of Offenders Act 1974 S. 9(8)

S. 9(2) Unauthorised disclosure of spent convictions.

Reservoirs Act 1975 S. 22(b) (unless by any local authority in whose area the reservoir is situated or by the Secretary of State)

S. 22 Offences under this section of the Act.

Restrictive Trade Practices Act 1956 S. 17(1) (unless by or with the consent of the Registrar)

S. 16 Offences in connection with the Registration of restrictive practices.

Revenue Act 1968, Sch. para. 7(2) (unless by or with the consent of the Department of Trade)

Sch. para. 7(1) False statements, documents or information to obtain a certificate under the Act.

Road Traffic Act 1960 S. 161 (unless by a person authorised by the traffic commissioner, a chief officer of police or a local authority)

Offences under Part III of the Act (Regulation of Public Services Vehicles), except against S. 141 where no proceedings except by or by direction of DPP, the traffic commissioner for Metropolitan Traffic Area or a chief officer of police.

Sexual Offences Act 1956, para. 14 & 15 of Part II of Second Schedule (a prosecution may not be commenced without the sanction of the Attorney General except by or on behalf of the DPP)

S. 10 Incest by a man.

S. II Incest by a woman.

Sexual Offences Act 1967 S.

Offences of buggery and gross indency, together with attempting to commit, and aiding and abetting such offences, where one of the men was under the age of 21 at the time of the offence.

Solicitors Act 1974 S.44(4) (Proceedings under S.44(1) may be commenced at any time before the expiration of 6 months from the first discovery of the offence by the prosecutor, but no such proceedings shall be commenced, except with the consent of the DPP, by any person other than the Law Society)

S.44(1) Any person who, while there is in force in respect of him an order under

S.43(2) seeks or accepts any employment by or remuneration from a solicitor in connection with that solicitor's practice without previously informing him of that order shall be guilty of an offence

Southern Rhodesia Act 1965 (Unless by or with the consent of the Secretary of State or the Department of Trade)

Proceedings for an offence against the Southern Rhodesia (United Nations Sanctions) (No. 2) Order 1968

Suicide Act 1961 S.2(4)

S.2(1) Criminal liability for complicity in: another's suicide

Theft Act 1968 S.30(4)

S.30(4) Proceedings shall not be instituted against a person for any offence of stealing or doing unlawful damage to property which, at the time of the offence, belongs to that person's wife or husband, or for any attempt, incitement or conspiracy to commit such an offence except where:—

  1. (1) "that person is charged with committing the offence jointly with the wife or husband"; or
  2. (2) "by virtue of any judicial decree or order (wherever made) that person and the wife or husband are at the time of the offence under no obligation to cohabit"

Tokyo Convention Act 1967 S.1(2)

Any offence committed on board an aircraft while in flight elsewhere than in or over the UK

Trading with the Enemy Act 1939 S.1(4)

S.1 Trading with the enemy

Unsolicited Goods and Services Act 1971 S.4(3)

S.4(1) Sending or causing to be sent any book, magazine or leaflet (or advertising matter for any such publication) which is known or ought reasonably to be known to be unsolicited and which describes or illustrates human sexual techniques

Water Resources Act 1963 S.118(2) (Unless by a river authority)

Offences under the Act