A public consultation on the Code for Crown Prosecutors
- The consultation process
- Questions for consultation and draft code
- How to respond
- Alternative formats
- Next steps
- Responses: Confidentiality & disclaimer
- The Seven Consultation Criteria
The consultation process
The purpose of this consultation is to seek a wide range of views on proposed changes to the Code for Crown Prosecutors (the Code).
The Director of Public Prosecutions is responsible for issuing the Code under section 10 of the Prosecution of Offences Act 1985. The Code provides guidance on the general principles to be applied by Crown Prosecutors when making decisions about prosecutions.
The Code is subject to regular review and it was last updated in 2004. It now needs to be updated again to take account of recent changes in law and practice and the merger with the Revenue and Customs Prosecutions Office.
We welcome comments from everyone with an interest in this area. In particular, it would be helpful if you addressed the seven questions below in your response, but we would of course welcome comments on any other aspects.
Questions for consultation and draft code
- Is the role of the Crown Prosecution Service explained clearly enough in sections 1, 2 and 3?
- Is the evidential stage of the Full Code Test explained clearly enough?
- Are the public interest factors that tend in favour of prosecution explained clearly enough?
- Are the public interest factors that tend against prosecution explained clearly enough?
- Is the public interest stage of the Full Code Test explained clearly enough?
- Is the section on out-of-court disposals set out in an understandable way, and does it explain clearly what disposals and alternatives to prosecution are available?
- Is there any other section of the Code for Crown Prosecutors that you think should be expanded, and, if so, what do you think should be included?
The Code for Crown Prosecutors – draft for public consultation in Word format
The Code for Crown Prosecutors – draft for public consultation in PDF format
How to respond
Both written and electronic responses to the consultation are acceptable.
Please be aware that if you complete and return the consultation document by email, you will be responding over the open internet. If you would prefer, please complete and return the .pdf version to the postal address given below.
Please include your name, organisation (if applicable), postal address and email address.
Closing date for responses: 11 January 2010
Responses can be sent by post to:
The Code for Crown Prosecutors consultation
Policy Directorate
Crown Prosecution Service
50 Ludgate Hill
London
EC4M 7EX
or by email to: code.consultation@cps.gsi.gov.uk
Alternative formats
If you require a copy of this consultation paper in any other format e.g. Easy Read or Welsh language, please contact the address above.
Next steps
We will consider every individual response received. A summary of the consultation responses will be published on the CPS website in accordance with the Government's guidelines.
Responses: Confidentiality & disclaimer
The information you send us may be passed to colleagues within the CPS, the Government or related agencies. Furthermore, information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information legislation including the Freedom of Information Act 2000 (FOIA).
If you want the information that you provide to be treated as confidential, please be aware that, under FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could briefly explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not be regarded as binding on the CPS.
Please ensure your response is marked clearly if you wish your response and name to be kept confidential. Confidential responses will be included in any statistical summary of numbers of comments received and views expressed. The CPS will process your personal data in accordance with the Data Protection Act 1998 – in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.
The seven consultation criteria
The Department for Business Innovation and Skills (DBIS) sets seven consultation criteria for running effective public consultations. These key consultation criteria are reproduced below.
Criterion 1 - When to consult
Formal consultation should take place at a stage when there is scope to influence the policy outcome.
Criterion 2 - Duration of consultation exercises
Consultations should normally last for at least 12 weeks with consideration given to longer timescales where feasible and sensible.
Criterion 3 - Clarity of scope and impact
Consultation documents should be clear about the consultation process, what is being proposed, the scope to influence and the expected costs and benefits of the proposals.
Criterion 4 - Accessibility of consultation exercises
Consultation exercises should be designed to be accessible to, and clearly targeted at, those people the exercise is intended to reach.
Criterion 5 - The burden of consultation
Keeping the burden of consultation to a minimum is essential if consultations are to be effective and if consultees' buy-in to the process is to be obtained.
Criterion 6 - Responsiveness of consultation exercises
Consultation responses should be analysed carefully and clear feedback should be provided to participants following the consultation.
Criterion 7 - Capacity to consult
Officials running consultations should seek guidance in how to run an effective consultation exercise and share what they have learned from the experience.
