Part 5: Miscellaneous Chapter 3: Miscellaneous Section 328: Offenders assisting investigations and prosecutions: powers of the CMA
This section amends section 71 of the Serious Organised Crime and Police Act 2005 to add the CMA to the list of prosecutors specified in that section.
	Subsection (2) amends section 71, subsection (4) to add the CMA to the list of specified prosecutors.
	Subsection (3) amends section 71, subsection (6A) so that the CMA is included in the list of prosecutors who are permitted to designate only one chief prosecutor at a time and one alternative prosecutor for when they are unavailable.
	Subsection (4) inserts a new section 71, subsection (8) which prohibits the CMA from giving a notice providing immunity from prosecution under section 71, but allows it to exercise the other powers available to specified prosecutors. This has the effect of allowing the CMA to make a formal agreement regarding the use of evidence against an assisting offender, in accordance with section 72 Serious Organised Crime and Police Act 2005. It further means that the provisions at sections 74 and sections 387 and 388 of the Sentencing Act 2020 (in respect of England and Wales) and sections 73 to 74 of the Serious Organised Crime and Police Act 2005 (in respect of Northern Ireland) in relation to reduction in sentence for assistance to prosecution, and review by the courts of sentence, will apply to any written agreements made between an assisting offender and the CMA.