Prosecution of Offences Act, 1974
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Functions of Director. |
3.—(1) Subject to the provisions of this Act, the Director shall perform all the functions capable of being performed in relation to criminal matters and in relation to election petitions and referendum petitions by the Attorney General immediately before the commencement of this section and references to the Attorney General in any statute or statutory instrument in force immediately before such commencement shall be construed accordingly. | |
(2) The functions capable of being performed by the Attorney General immediately before the commencement of this section in or in relation to any criminal matters, or to election petitions or referendum petitions, to which the Attorney General is a party and which have not then been concluded shall, upon such commencement, be performed by the Director and references to the Attorney General in those proceedings shall be construed as references to the Director and any act or thing done or step taken by or on behalf of the Attorney General in or in relation to those proceedings shall be deemed to have been done or taken by or on behalf of the Director. | ||
(3) Nothing in this section shall affect the functions of the Attorney General in relation to any question as to the validity of any law having regard to the provisions of the Constitution. | ||
(4) Notwithstanding anything in this section, the Attorney General may, in addition to the Director, exercise the functions conferred on the Attorney General by section 29 of the Courts of Justice Act, 1924 , and section 34 of the Criminal Procedure Act, 1967 . | ||
(5) Notwithstanding anything in this section, where a person is charged with an offence under section 3 of the Geneva Conventions Act, 1962 , the Official Secrets Act, 1963 , or the Genocide Act, 1973 , no further proceedings in the matter except such remand or remands in custody or on bail as the court may think necessary shall be taken without the consent of the Attorney General. |