Commentary on Clauses Section 38: Conduct of prosecutions on behalf of the Office
229.This section confers a power on the Director to appoint legally qualified persons who are not employed by him to institute and conduct any specified criminal proceedings or class of proceedings. These persons must hold a general qualification under the Courts and Legal Services Act 1990, i.e. they must be able to exercise a right of audience in proceedings in the Supreme Court, county courts or magistrates’ courts. They must act in accordance with instructions given to them either by the Director or by a Revenue and Customs Prosecutor