Commentary on Sections Part 10: Retrial for Serious Offences Section 92: Functions of the DPP
345.Section 92 disapplies for the purposes of Part 10 the provision of the Prosecution of Offences Act 1985 which allows the DPP’s functions to be exercised by a Crown Prosecutor. In these cases it is intended that the DPP will take decisions personally as to when consent to re-investigate or to apply to the Court should be given. However, this section does allow for another person to be nominated by the DPP to take these decisions in cases where he is unavoidably absent.