New Clause 3
Road Safety Bill [Lords]

Court presentation officer

‘(1) Designated members of a relevant police constabulary shall, for the purposes of this section, have the powers and rights of audience of a Crown Prosecutor in relation to the prosecution of—

(a) the offences listed in paragraphs 1, 3, 4 and 5 of Schedule 1 to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (S.I. 1999/904);

(b) specified offences that cease to be specified when a magistrates' court begins to receive evidence in those proceedings where a defendant does not enter a plea.

(2) A designated member of a relevant police constabulary shall not have rights of audience when an offence ceases to be specified where the defendant enters a not guilty plea and the case proceeds to trial.

(3) A member of a relevant police constabulary shall be designated for the purposes of this section if that member is a recognised designated court presentation officer employed for that purpose.

(4) A recognised designated court presentation officer must also be a serving police officer from the relevant police constabulary.

(5) In exercising his role as a designated court presentation officer, a police officer must have regard to any advice or guidance issued by the Secretary of State.

(6) The Secretary of State may, by regulation, issue guidance on the recruitment, training and operation of designated court presentation officers.'. —[Mr. Kidney.]

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