Criteria for Referral to: Counter Terrorism, Organised Crime & Special Crime Divisions
Document updated 06/02/08
- Principle
- Counter Terrorism Division
- Organised Crime Division
- Special Crime Division
- Annex A - CPS Special Crime Division Referral Criteria
- Annex B - Allocation and handling of criminal allegations against persons serving with the Police
Principle
Most cases are handled by CPS Areas but there are categories of serious, sensitive and complex casework that for compelling operational or resource reasons need to be undertaken at the centre.
As part of the CPS strategy to strengthen the prosecution of these types of cases, three new central divisions have been created.
Following is a short summary of each division and the criteria for cases which must be referred to them:
Counter Terrorism Division
The Counter Terrorism Division (CTD) has been set up to deal with all cases of Terrorism, War Crimes, Crimes against Humanity, incitement to racial hatred, official secrets, hijacking and any other state crime.
CTD will be operating from London only and therefore ALL work fitting into the above categories should be referred to London rather than geographically as it was previously.
It is essential that if there is any possibility that either a terrorist related or incitement offence needs to be considered that the case is referred to CTD. Prosecutors are reminded that acts committed for any political, religious or ideological purpose or that might be useful to a terrorist could lead to the consideration of terrorist related offences. If a prosecutor has any doubt about whether a case needs to be transferred please call CTD and they will be happy to advise whether referral is appropriate.
Organised Crime Division
The Organised Crime Division (OCD) was formed as a response to the Serious and Organised Crime Agency (SOCA) and will deal exclusively with SOCA cases, in partnership with the Revenue and Customs Prosecuting Office (RCPO).
There are OCD offices in London, Birmingham, York and Manchester. Any issues relating to SOCA cases are best directed to the Unit Heads at the offices in London, Birmingham and York.
The Central Confiscation Unit (CCU) also forms part of OCD. It is based in London with specialists dealing in restraint, confiscation and enforcement. The CCU continues to deal with enforcement for pre-POCA cases for Areas. The CCU also deals with incoming requests for assistance from foreign governments.
The UK Liaison Magistrates also form part of OCD. Liaison Magistrates can be found in Paris, Madrid, Rome and Washington. A future post is shortly to be filled in Pakistan.
Special Crime Division
The Special Crime Division (SCD) will deal with the serious, sensitive and complex casework (that does not fall to be dealt with under the Counter Terrorism or Organised Crime divisions), which for compelling reasons need to be undertaken at the centre rather that in the Areas.
The SCD will be operating from the HQ offices in both London and York although there is some casework that will be handled exclusively in London.
A list of the types of case dealt with by the SCD may be found here. In addition, the types of criminal allegations against persons serving with the police that fall to be considered by the SCD may be found in Annex B.
As a general rule the SCD office that deals with the case will be determined by the location of the investigating police force.
Annex A
CPS Special Crime Division Referral Criteria
SCD Prosecutions (Types of Crime/Location
Disasters: London / York
Corporate Manslaughter: London / York
Medical Manslaughter: London / York
Deaths in Custody: London / York
High Profile People: London / York
(Constitutional / political /CPS implications)
Serious Public Corruption: London / York
(Except NCS/SOCA)
Election Offences: London / York
SCD Services to Area Prosecutions
Non EAW Import Extraditions to England and Wales: London
(Except NCS /SOCA, terrorism, official secrets, war crimes or race/religious hatred)
House of Lords Appeals: London
Civil Proceedings against CPS: London
Unduly Lenient Sentances: London
Other Services (Non - Area related)
Extraditions to other jurisdictions: London
(Export)
Domestic Extremism National Co-ordinator: London
Criminal Cases Review Commission: London / York
(Pre CPS/1986)
Annex B
Allocation and handling of criminal allegations against persons serving with the Police
Categories of cases to be referred to CPS Headquarters Special Crime Division (SCD)
1. Allegations against persons serving with the police at any rank of seriously corrupt activity. For these purposes, allegations are likely to include one or more of the following:
- Systematic and organised attempts to pervert the course of justice or other conduct likely to seriously harm the administration of justice, in particular the Criminal Justice System.
- Undue payments or other benefits or favours received in connection with the performance of duties, where a Magistrates Court would be likely to decline jurisdiction.
- Corrupt controller/handler/source relationships.
- Provision of confidential information in return for payment, or other benefits or favours, where the conduct goes beyond a possible prosecution for an offence under Section 55 of the Data Protection Act 1998.
- Extraction and/or supply of seized controlled drugs, firearms or other illegal material, e.g. drugs proceeds, counterfeit currency etc
- Attempt or conspiracies to do any of the above.
2. Allegations concerning death(s) in police custody or following police contact. This definition includes the deaths of persons who have been arrested or otherwise detained by the police. It also includes deaths occurring whilst a person is being arrested or taken into detention. The death may have taken place on police, private or medical premises. Also included are circumstances where the person dies during or after some form of contact with the police which did not amount to detention and there is a link between that contact and the death. Finally, it includes fatal shooting incidents in which police fire the fatal shots;
3. Allegations of offences which should in any event be referred to HQ, whether or not a person serving with the police is the subject of the allegation.
General:
If, when considering any allegation against a person serving with the police, the Deputy Chief Constable considers that issues of exceptional complexity or sensitivity, perhaps due to the suspected involvement of a member of CPS staff, or of police officers or court staff with strong local connections, or to particularly sensitive covert (reactive and pro-active) operational activity, are involved he or she should ask the local Chief Crown Prosecutor, whose area would ordinarily handle the case, to consider referring the case to the Special Crime Division (SCD) at CPS Headquarters in London or York, as appropriate.
Both offices are staffed by lawyers and caseworkers with specialist knowledge of this type of work built up over a number of years. SCD in London has special office facilities, with high levels of additional security. As the capacity of this unit is limited, it is reserved for exceptional cases.
The CCP will consult with the Head of SCD, and together they will decide where the case should be handled bearing in mind the representations made.
The CCP may also independently approach the Head of SCD where it is thought that a case requires central handling.
Cases of serious corruption or misconduct by an officer, which are investigated by the Serious Organised Crime Agency as part of a larger investigation into organised crime, will be handled by the Organised Crime Division (OCD). If the allegation is against a member of SOCA the case will be handled by SCD.
