Commentary on Clauses Section 39: Designation of non-legal staff
230.This section provides for the Director to designate members of his staff who are not legally qualified, as having a right of audience before the magistrates` courts in relation to certain procedural hearings which may arise in the course of a prosecution of which the Director has conduct. Such procedural hearings are principally remands, bail applications and directions hearings. A number of these hearings are currently conducted by officers but this will cease and, after appropriate training, designated RCPO staff will take over these functions. The section does not provide for a right of audience in trials at magistrates` courts or any hearing before other tribunals. Any such designated person must exercise the function for which he is designated in accordance with instructions given to him by the Director or a Revenue and Customs Prosecutor.