A public consultation on the Code for Crown Prosecutors
A public consultation on the Code for Crown Prosecutors PDF document
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 Offenders 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.
We welcome comments from everyone with an interest in this area. In particular, it would be helpful if you addressed the five 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?
- Is it clear how the public interest may be applied when not all the evidence has yet been gathered?
- Is the Threshold Test explained in sufficient detail, and in an understandable way?
- Is the prosecutor’s role in sentencing clearly explained; if not, what amendments would you make?
- Is there any section of the Code for Crown Prosecutors that you think should be expanded, and if so what should be included?
The Code for Crown Prosecutors – draft for public consultation
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 include your name, organisation (if any), postal address and email address.
Closing date for responses: 23 April 2009
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 electronically to: code.consultation@cps.gsi.gov.uk
Alternative formats
If you require a copy of this consultation paper in any other format e.g. audio, large print or Braille, you should also 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 (these are the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004 (EIR).
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 DPA – in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.
