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What are the provisions regarding the consent required from the Director of Public Prosecutions to prosecute offences under the Customs and Excise Management Act 1979?

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Published on LexisPSL on 20/02/2018

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • What are the provisions regarding the consent required from the Director of Public Prosecutions to prosecute offences under the Customs and Excise Management Act 1979?

What are the provisions regarding the consent required from the Director of Public Prosecutions to prosecute offences under the Customs and Excise Management Act 1979?

Note that references to Director of Revenue and Customs Prosecutions now refers to Director of Public Prosecutions (DPP) (Section 145(1) of the Customs and Excise Management Act 1979 (CEMA 1979) (amended by SI 2014/834)).

There are statutory provisions which specifically require that certain criminal proceedings may be undertaken only by order of a judge, or by the direction of, or with the consent of, the Attorney General, the DPP or some other official person or body.

Any enactment which prohibits the institution or carrying on of proceedings for any offence does not prevent the arrest without a warrant, or the issue of a warrant for arrest and is subject to any enactment concerning the detention of children or young persons, unless expressed consent or where proceedings are instituted or carried on by or on behalf of a law officer of the Crown or the

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