Statutory Duties and Powers
Principle
The Crown Prosecution Service was established in 1986. Its Head is the Director of Public Prosecutions, who exercises his or her functions under the superintendence of the Attorney General. The Prosecution of Offences Act 1985 (the Act) provides the statutory framework for the duties and powers of the DPP and The CPS.
The main features of the system established by the Act include:
- a national prosecution system for England and Wales;
- the conduct of prosecutions independently of the police;
- public accountability;
- consistent national criteria for the prosecution of offences;
- local decision making based on nationally established principles; and
- the ability of any Crown Prosecutor to exercise the powers and duties of the DPP.
Aim of the CPS
The CPS works in partnership with the police, courts, Home Office, Ministry of Justice and other agencies throughout the Criminal Justice System (CJS) to reduce crime, the fear of crime and its social and economic cost to dispense justice fairly and efficiently and to promote confidence in the rule of law. The CPS' overall aim, which reflects the Government's priorities for the CJS is to:
Deliver a high quality prosecution service that brings offenders to justice, helps reduce both crime and the fear of crime and thereby promote public confidence in the rule of law through the consistent, fair and independent review of cases and through their fair, thorough and firm presentation at court.
CPS Vision
The vision for the CPS applies throughout 2011-12 and on to 2015.
What will we be?
A high-performing, streamlined, prosecution service relentlessly focussed on quality and respected for its professionalism.
We will be confident and strong.
Our prosecutors will be trusted, making sound prosecution decisions without unnecessary referral. They will be well prepared for court and will challenge others who are not. All our staff will be ready to solve problems and take responsibility. We will exert our influence with our justice partners to deliver whole system efficiencies and improvements.
We will be independent in our decision-making.
We will take all prosecution decisions free from improper influence and in the interests of justice. We will respect and stand-up for the rights of victims. We will engage positively with our justice partners. But our casework decisions will be our own.
We will be transparent, accountable and fair.
We will explain our decisions and account for the service we deliver.
We will treat our staff fairly and with respect and dignity, embedding a One CPS philosophy in all our teams.
Our staff will have clearly defined career options and the opportunity to develop to their full potential.
We will be efficient.
We will reduce expenditure through embedding a culture of cost consciousness at every level and getting best value for money.
We will simplify our policies and processes, making prosecutions as straightforward as possible.
We will deliver year on year improvements in efficiency and economy by streamlining our business processes and optimising our use of IT.
We will work with our criminal justice partners to develop and deliver an efficient and effective Criminal Justice System.
Superintendence of the Attorney General
The Director is accountable to the Attorney General for the exercise of his or her functions. In turn, the Attorney General and the Solicitor General (the Law Officers) can be called to account by Parliament for the decision-making and other acts of The CPS. In exercising his or her prosecution functions, the Attorney General acts independently of the government.
The superintendence of the Attorney General over the independent CPS, the details of whose decision-making usually cannot be discussed publicly, is an important constitutional safeguard for the public. In practice, the Director consults the Law Officers or keeps them informed about the conduct of appropriate cases; consults them in the development of aspects of CPS policy and practice; and may discuss with them the whole range of casework and organisational issues.
Since September 2000 both the Headquarters Directorates and the Areas provide direct briefing to the Law Officers.
The Law Officers answer oral questions in Parliament and in addition respond personally to correspondence about the CPS from Members of Parliament. This is an important element of our public accountability. In both cases, The CPS must provide full information about the points raised.
The Code for Crown Prosecutors
Section 10 of the 1985 Act requires the Director to publish a Code for Crown Prosecutors (the Code) giving guidance on the general principles to be applied by the CPS in deciding:
- whether proceedings for an offence should be started;
- if a case has already started, whether it should continue;
- whether the charges are appropriate;
- what representations to make for mode of trial.
The Code is a public statement of the principles which must guide the decisions of prosecutors. The term prosecutors is used to describe members of the prosecution service who are designated as Crown Prosecutors; prosecutors who are members of the RCPO;
Associate Prosecutors who are designated under section 7A of the Prosecution of Offences Act 1985 and who exercise their powers in accordance with the instructions issued by the DPP; and other members of the RCPO who are designated by the DPP in his capacity as the Director of the Revenue and Customs Prosecutions under section 39 of the Commissioners for Revenue and Customs Act 2005. The Code is kept under continual review to ensure that its principles remain appropriate, and in line with legislative and procedural changes. The most recent revision of the Code was in February 2010 following an extensive consultation process.
The Service has been entrusted by Parliament and the public with a wide discretion in its decision-making, and all members of The CPS must exercise that discretion responsibly. Applying the principles in the Code makes sure that the right factors are taken into account in all cases, and that the CPS adopts a consistent approach to decision-making. The Code does not prevent prosecutors or DCWs from taking the special features of an individual case into account, where they are relevant to a decision. But arbitrary differences in approach lead to unfairness and injustice.
The need to ensure that CPS decision-making is fair and based on the application of consistent principles underlies all CPS guidance.
Human Rights
As stated above the Code is a public statement of the principles which must guide prosecutors decisions in every case. The incorporation of the Convention does not change this. What it does mean is that all relevant Convention factors must be taken into account when making any decision under the Code in exercise of the prosecutorial discretion.
This is reinforced by section 6 of the Human Rights Act which provides that it will be unlawful for a public authority to act in a way which is incompatible with the Convention. This means that there is a legal obligation on us to ensure that all our decisions take into account relevant Convention obligations.
Guidance
The Prosecution of Offences Act 1985 imposes both statutory duties and confers discretionary powers upon the DPP as Head of the CPS. Other statutes also confer powers and responsibilities upon the DPP, often requiring the Directors consent to the institution of proceedings for particular offences.
Statutory Duties
The main statutory duties under the 1985 Act include the duty to:
- to take over the conduct of all criminal proceedings instituted on behalf of a police force (except specified offences) - Section 3(2)a;
- to institute and conduct criminal proceedings in appropriate cases - Section 3(2)(b);
- to take over the conduct of all binding over proceedings instituted on behalf of a police force - Section 3(2)c;
- to take over the conduct of all forfeiture proceedings commenced under Section 3 of the Obscene Publications Act 1959 - Section 3(2)d;
- to give advice to police forces, to the extent the Director thinks appropriate, regarding criminal offences Section 3(2)e;
- to appear for the prosecution on appeals in criminal cases when directed - Section 3(2)f;
- issue a Code for Crown Prosecutors - Section 10; and
- make an annual report to the Attorney General - Section 9.
Under the Criminal Justice Act 2003, prosecutors are also responsible for determining the charge in all Indictable Only cases, any either way offence not suitable for sentence in a magistrates court or not anticipated as a guilty plea,. The DPPs Guidance is issued under the provisions of section 37A of the Police and Criminal Evidence Act 1984 (PACE) and sets out arrangements prescribed by the DPP for the joint working of police officers and prosecutors during the investigation and prosecution of criminal cases.
Statutory Powers
Powers conferred by the 1985 Act and other statutes include the following:
- the power to assign the conduct of criminal proceedings - Section 5;
- the ability to take over any criminal proceedings - Section 6(2);
- the power to receive documents from the magistrates court - Section 7;
- the power to designate persons employed by The CPS who are not Crown Prosecutors to conduct bail applications - Section 7a;
- the power to discontinue criminal cases in the magistrates court - Section 23;
- the power to consent to the commencement of proceedings for specific offences - various statutes;
- the power to receive documents disclosing criminal offences - Companies Act 1985, Police and Criminal Evidence Act 1984, Solicitors Act 1974;
- the power to obtain access to records or documents which may disclose information regarding a criminal offence - Companies Act 1985, Land Registration Act 1925;
- power to make appropriate enquiry into election offences - Representation of the People Act 1983;
- power to request the adjournment of an inquest - Coroner's (Amendment) Act 1926.
All these powers are discretionary.
Conduct of Criminal Proceedings
The duty to take over the conduct of a case only arises when proceedings are instituted on behalf of a police force. Not all criminal prosecutions are started on behalf of the police. Under Section 6 of the Act, the right of individuals and other public bodies to bring prosecutions is preserved. If the arrest and the investigation of the offence has not been carried out by the police, then the proceedings are not commenced on their behalf: see R v Stafford Justices ex parte Customs and Excise Commissioners (1991) 2 All ER 201.
The time when proceedings are instituted is defined in Section 15(2) of the Act and includes when an information is laid for a summons or a warrant, and when a person is charged. But in practical terms you will not be able to take over the conduct of the case until you receive a file from the police.
The expression police force means any of the forces maintained by the public authorities under the Police Act 1964, plus any body of constables specified by the order of the Home Secretary see Prosecution of Offences Act 1985 (Specified Police Forces) Order 1985 . The order presently includes.
- British Transport Police;
- City of London Police;
- Metropolitan Police;
- Ministry of Transport Police;
- Royal Parks Constabulary (England)
- United Kingdom Atomic Energy Constabulary;
- Numerous Harbour and Docks Police Forces.
- Investigators from the Serious Organised Crime Agency and the UK Border Agency, who prepare and present cases to the prosecution service.
Taking over the conduct of case implies a positive role: it means more than just letting a case carry on because the police have charged an offence. A Crown Prosecutor has the responsibility to review the case and to decide whether or not it should proceed in accordance with the two stage test as set out in the Code for Crown Prosecutors. Throughout the life of the proceedings, the conduct of the case is the responsibility of the CPS.
The CPS does not have to take over specified proceedings. These are dealt with in detail below.
Institution of Proceedings
By Section 3(2)b of the Act, the Director can institute and conduct proceedings when it appears appropriate for any reason; for example if the case is important or difficult. It would be unusual for a whole case to be commenced by the exercise of this power, since the police will normally charge an offence if advised to do so. An example of the day-to-day exercise of this power is the substituting or adding of charges at court.
Consents
A number of offences can only be prosecuted with the consent of the DPP or the law officers. The statute creating the offence will usually contain the requirement for the consent.
The power to give consent on behalf of the DPP can be exercised by any Crown Prosecutor under directions given by the DPP: Section 1(7) of the 1985 Act. The fact that The CPS have taken over conduct of the case does not automatically imply consent. You must always consider the issue of consent separately and specifically for each case where it arises.
Binding Over Proceedings
The duty under Section 3(2)c of the Act applies to binding over proceedings formally commenced by complaint, and also to proceedings arising from the general jurisdiction of magistrates to bind over persons to keep the peace under the Justices of the Peace Act 1361 and at common law.
These proceedings are distinct from the power of the court to bind over persons charged with an offence which is already being prosecuted by the CPS.
Binding over proceedings are deemed to be criminal proceedings under Section 15(4) of the Act for various purposes, including the powers of the DPP to institute proceedings, assign the conduct of cases and to take over private prosecutions.
If proceedings follow a complaint for bind over conducted by the CPS, for example a complaint by a surety under Section 116(2) of the Magistrates Courts Act 1980, it would be appropriate to also take over conduct of that case.
Race Relations (Amendment) Act 2000
The Race Relations (Amendment) Act 2000 (RR(A)A 2000) came into effect on 2 April 2001. The Act extends the scope of the Race Relations Act 1976 (RRA 1976) to outlaw race discrimination by public authorities in any of their functions (section 19B).
The Act places a general duty on a wide range of public authorities (including The CPS) to eliminate unlawful discrimination and to promote equality of opportunity and good relations between persons of different racial groups.
There are safeguards for criminal investigations and prosecutions. Section 5 of the RR(A)A 2000 provides for procedural measures designed to prevent claims under the Race Relations Act being used inappropriately to circumvent criminal proceedings or investigations. Underlying these provisions is the policy aim of preserving the criminal courts as the sole forum for determining guilt or innocence.
Disability Discrimination Act 2005
The Disability Discrimination Act 2005, public bodies (including the CPS) are required to promote equality of opportunity for disabled people and produce a Disability Equality Scheme.
Equality Act 2006
The Equality Act 2006 creates a duty on public authorities (including the CPS) to promote equality of opportunity between men and women, and to prohibit sex discrimination in the exercise of public functions. The CPS is required to produce a Gender Equality Scheme.
The CPS Single Equality Scheme
The CPS produced its first Single Equality Scheme in 2006 which discharges its duties under the Race Relations (Amendment) Act 2000, Disabiliy Discrimination Act 2005 and Equality Act 2006.
The Single Equality Scheme for 2010/11 was an interim plan that covered the period to April 2011 when the provisions of the Equality Act come into effect. During this period a Single Equality Scheme we will be prepared covering the period 2011-14 and covering any new legislative requirements.
Forfeiture Proceedings under Section 3 of the Obscene Publications Act 1959
The duty to take over forfeiture proceedings under Section 3 of the Obscene Publications Act 1959 arises after a summons has been issued. It may be appropriate for you to give advice to the police before that stage. For example the police may seek your advice after the search warrant has been executed to decide which items should be put before the court for forfeiture.
Advising the Police
Giving advice to the police on all matters relating to criminal offences is a very important function. As well as providing advice in early consultations, charging and consulting on individual cases, it includes explaining general prosecution policies and working together to implement joint tasks, such as disclosure. It may also mean helping in police training where the opportunity arises.
Appearing in Appeals
When directed by the court, the DPP has a duty to appear for the prosecution in the following situations:
- appeals from the High Court in criminal cases;
- appeals from the Crown Court to the Court of Appeal (Criminal Division), and onwards to the House of Lords; and
- appeals to the Crown Court against orders made by the magistrates under Section 12 of the Contempt of Court Act 1981.
Annual Report
The DPP has a duty under Section 9 of the Act to make an annual report to the Attorney General, which is published and presented to Parliament each year. The report will set out the key achievements and developments o the previous twelve months. The Annual Report is an expressions of the Directors accountability to the Attorney General, and to the wider public through Parliament.
Assigning the Conduct of Proceedings
The power to assign the conduct of proceedings under Section 5 of the 1985 Act has two important effects. It specifically permits the use of solicitor agents, and it also allows for the conduct of CPS cases by other prosecuting agencies where appropriate.
The person appointed to institute or conduct proceedings must be either a solicitor or a barrister employed by a public authority. Barristers in private practice can be used to conduct cases without the need to assign under Section 5. Any party to proceedings can instruct counsel.
A person appointed under Section 5 has all the powers of a Crown Prosecutor but must exercise those powers subject to instructions given by a Crown Prosecutor. You will need to give guidance to agents on how to deal with any unexpected problems which may occur at court.
The responsibility for assigned cases remains with the CPS. This means that important decisions about the case can only be made by a Crown Prosecutor. The duty to review the case cannot be delegated.
Delivery of Documents
Section 7(1)2(3) of the Act allows the Director or any Crown Prosecutor to call for all documents connected with committal proceedings to be delivered to him, rather than sent to then Crown Court in the usual way. The circumstances would have to be exceptional for this Section to be used. It might happen when you want to see the papers in a private prosecution before the case got to the Crown Court, perhaps with a view to taking over conduct of the case.
Section 7(4) imposes a duty on the Justices Chief Executive to send papers to the CPS when:
- the case is not prosecuted by the CPS, and
- the prosecution is withdrawn or delayed, and
- there appears to be no satisfactory reason for the withdrawal or failure to proceed.
This gives the CPS an opportunity to take over an abandoned or poorly conducted private prosecution, if it is in the public interest to do so.
Discontinuance
Section 23 of the Act allows cases conducted by the CPS to be terminated by the service of discontinuance notices on the court and the defendant. Although there are other ways of halting cases, this power is unique to the CPS. Once the CPS has conduct of the case, Crown prosecutors have the power to decide whether the matter ought to continue and the means to stop the case straightaway if appropriate.
Receiving Documents Disclosing Criminal Offences
A number of statutes impose duties on courts, public bodies and other persons to bring to the attention of the DPP information which shows a criminal offence has been committed. These include:
- Section 218 of the Insolvency Act 1986: if a company is subject to compulsory or voluntary winding up, the court or the liquidator may refer offences committed by officers of the company to the DPP.
- Section 75 the Police Act 1996: police authorities are required to send reports concerning criminal offences committed by police officers to the DPP;
- Section 32(4) of the Solicitors Act 1974: the council of the Law Society can disclose to the DPP material connected with an investigation into a solicitors accounts. This can be sent by the Law Society of its own accord or requested by the CPS.
Many of these referrals will be direct to headquarters. If the material is sent to an area, you will need to consider whether it is appropriate to handle the matter locally.
Obtaining Access to Documents or Records
The DPP has the power to apply for access to certain documents under some statutory provisions. For example
- Section 721 of the Companies Act 1985: application can be made to the High Court for access to a companys books, if it is believed that they contain evidence of an offence committed by an officer of the company.
- Section 112a of the Land Registration Act 1925: the DPP may apply to inspect land registry records where it is suspected that they disclose evidence of an offence.
Requesting the Adjournment of an Inquest
Where criminal proceedings are in progress the DPP can request the adjournment of an inquest which has been opened by a coroner: Section 20 Coroners (Amendment) Act 1926 as amended by Schedule 10 of the Criminal law Act 1977.
Specified Proceedings
Section 3(2)A of the 1985 Act provides that the CPS do not have to take over the conduct of specified proceedings. Specified proceedings include a number of minor road traffic and other offences, the routine nature of which does not require independent review. A list of specified offences can be found at Annex 1 below.
The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 explains that proceedings cease to be specified if a magistrates' court begins to "receive evidence" in the proceedings. This does not include the facts read out to the court when the defendant does not attend the hearing but has indicated that he wishes to plead guilty by post.
When a summons is issued for a specified offence the police have conduct of the matter unless and until the CPS take over the proceedings.
The CPS is bound to take over proceedings if they cease to be specified. The CPS may also consider it appropriate to take over the conduct of a case, even if it is still specified, in suitable circumstances. Examples might be if a defendant has other non-specified matters outstanding, or at the request of the police because the case is complicated.
Under the 1999 Order, proceedings ceased to be specified when:
- the summons is served, unless it is accompanied by the documents required by Section 12 of the Magistrates' Courts Act 1980; or
- if at any time the magistrates begin to hear evidence.
The police may use the procedure under Section 12 of the Magistrates' Courts Act 1980 for cases which involve offences other than specified ones. A common example is the offence of careless driving. If any of the offences charged are not specified the case will need to be taken over and reviewed in the usual way, even though the Section 12 procedure has been used.
The Section 12 procedure has an important advantage for suitable offences. It means the CPS does not need to send a prosecutor to court simply to read out a statement of facts where the defendant is pleading guilty by post. This will be dealt with by the clerk. The police should be encouraged to use this procedure in appropriate cases.
The effect of specified proceedings is that it allows the police to deal with simple road traffic offences without sending the file to the CPS. If used effectively, and combined with the Section 12 procedure, it reduces the need for the CPS to spend time on cases which are straight forward and not contested.
However, the CPS has recently been working with the Home Office and the Attorney General's Office to extend the range of circumstances in which specified proceedings may be prosecuted by the police, in line with the Home Secretary's announcement at the Police Federation conference in May 2012. CJS officials have developed a best practice model for specified proceedings, which includes encouraging more consistent use and expansion of Fixed Penalty Notices, replacing court summons with police postal charging, and revising information to defendants to prevent unnecessary attendance at court. In addition, it is proposed that CPS prosecutors will no longer be required to deal with uncontested specified offence proceedings. This will be tested in a number of Pathfinder Areas, commencing in September 2012.
To this end, a new Statutory Instrument, the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2012, has been laid before Parliament and comes in force on 3 September 2012. It is designed to provide a statutory basis for the pathfinder Areas. It amends the 1999 Order in that proceedings do not cease to be specified where a magistrates' court begins to "receive evidence", provided that the court does so in defined circumstances:
- The first of these is where the accused has not appeared, and the court proceeds in his absence.
- The second is where evidence is read out in the case of an accused who has indicated a guilty plea by post-maintaining the position under the 1999 Order.
- The third is where the court hears evidence of whether a defendant should be spared obligatory disqualification under the "totting up" provisions, known as "exceptional hardship" hearings. They are called this as the evidence given by the defendant concerns the exceptional hardship that disqualification would cause to the accused.
Although the 2012 order comes into force in September, it will only be effective in the Pathfinder Areas, and other Areas should continue as if the order was not in place. The legislation is prescriptive, in that although it allows the police to take over conduct of PIAs etc. it does not compel them to do so.
From the date that it comes into force, police will be able to act as prosecutors of specified offences in specific circumstances for proofs in absence and exceptional hardship hearings, i.e. when:
- a defendant does not attend court and has not indicated that he/she objects to the evidence served being admitted in evidence
- a defendant pleads guilty but makes exceptional hardship representations in order to avoid a driving disqualification.
The explanatory guide to the Order states that the HO, MoJ, AGO and CPS will work with ACPO, the Justices' Clerks' Society and the Magistrates' Association to develop guidance to the police, prosecutors and courts on the implementation of these changes.
The legislation does not cover guilty plea cases where special reasons are argued in order to avoid obligatory disqualification, as these cases involve contested evidence. Court Legal Advisors will not be able to read out statements of fact in proof in absence cases, but will be able to read out statements of fact in 'exceptional hardship' cases.
Specified Offences (Procedure)
When the police commence proceedings for a specified offence, they will decide whether or not to use the procedure under Section 12. Reasons why they may decide not to include:
- the offence is connected with non-specified matters;
- the circumstances are complicated or the offence is aggravated in anyway;
- the case involves legal points upon which they would like advice;
- the matter is sensitive for any reason and needs to be dealt with by the CPS;
- they anticipate a not guilty plea.
If the Section 12 procedure is not adopted, the case ceases to be specified when the summons is served. You will need to make arrangements with the police for the papers in such cases to be sent directly to the CPS for review.
Where the police decide to adopt the procedure under Section 12, they will prepare and send the relevant documents to the defendant. They may also decide to serve statements under Section 9 of the Criminal Justice Act 1967. The police are responsible for the service of the documents and for the conduct of the case until it is taken over.
The case may cease to be specified even where the Section 12 procedure has been adopted by the police where:
- the defendant enters a not guilty plea;
- the summons is served but no response is received;
- an equivocal plea is entered;
- Section 9 statements sent out by the police are rejected;
- the court decides to hear evidence.
You will need to make arrangements with the police and the court as to how cases which cease to be specified are notified to the CPS. Once the matter ceases to be specified, you will need the file from the police to conduct a review.
Normally this means an adjournment if necessary. If prosecution evidence needs to be heard, you may need time to contact witnesses or serve statements, if not already done.
Some magistrates' courts list all cases which use the Section 12 procedure in a single, separate court. Others will list such cases including specified offences, in a mixed court along with pleas, trials etc. You should try to persuade local courts to have separate specified only MCA courts. This will mean a prosecutor does not have to attend, and you will have no involvement in specified cases until it becomes necessary.
If this cannot be achieved you should aim to reach a compromise which achieves as little involvement as possible. For example, arranging with the court legal adviser to sift through the Section 12 procedure cases before court: any cases which require CPS input can then be dealt with first and the prosecutor released. Prosecutors should not read out the statement of facts in postal MCA pleas; this applies equally to non-specified matters.
If a specified case is taken over, it must always be recorded or registered on CMS You must make sure that specified cases which are taken over at court because a defendant attends and gives evidence or where you take over proceedings to accept an alternative plea, are all recorded. Non-specified cases which use the Section 12 procedure should also be recorded when received for review.
Vexatious Prosecutions
There may be occasions when the right of the private prosecutor to start criminal proceedings is abused. Intervention by the CPS in the proceedings under Section 6(2) of the 1985 Act is always an option, but such power must only be exercised with care.
Accordingly you may receive complaints about the activities of the private prosecutor from the magistrates court legal advisor or from persons affected by the proceedings.
Section 25 of the 1985 Act amended Section 42 of the Supreme Court Act 1981 to extend the restrictions on vexatious litigants to criminal proceedings. The High Court may make a criminal proceedings order on the application of the Attorney General, if satisfied that any person has habitually and persistently and without reasonable ground instituted vexatious prosecutions, whether against the same person or different persons.
Section 33 of the Employment Tribunals Act 1996 allows an Employment Appeal Tribunal to exercise its discretion to justify making a restriction order against a person who has habitually and persistently instituted vexatious proceedings notwithstanding the lapse of time since any new application to institute proceedings had been made by that person. The Court of Appeal decided that such an order was within the discretion of the appeal tribunal and it was not one with which the court could interfere. A.G. v Wheen Court of Appeal Times 23 January 2001.
The application has to be made by the Attorney General the decision whether to apply for an order will be taken by the Attorney Generals Office.
Vexatious Prosecutions (Procedure)
Agencies and Prosecutors/ Private Prosecutions Procedure / Review and Termination
Should you receive a complaint about a vexatious litigant, you will need to consider including:
- whether there are any other cases past or current, brought by the individual concerned;
- whether a summons has been issued by the Justices;
- if there have been other cases, what the outcome was;
- any other relevant information about the circumstances.
If there appears to be some substance to the complaint, ie the litigant has previously instituted proceedings without justification, you should send a report of all the information obtained to Special Crime, Central Casework Division. The report should contain your assessment of the situation. The matter will then be passed to the Law Officers for a decision.
Annex 1: List of Specified Offences
1. Fixed penalty offences within the meaning of section 27(5) of the Transport Act 1982.
2. The offence under section 8(1) of the Vehicle (Excise) Act 1971.
3. The offences under sections 18, 20, 21, 30(1) and (2), 33AA(3), 40(5)(b), 44(1), 84(2), 143, 161(4) and (5), 162(1), 164(1) and 168(3) of the Road Traffic Act 1972.
4. All offences under the Road Traffic Regulation Act 1984 other than those under sections 35(5), 43(5) and (12), 47(3), 52(1), 108(3), 115(1) and (2), 116(1) and 129(3) and paragraph 6(3) of Schedule 12 or those mentioned in paragraph 1 above.
5. The offences arising by contravention of Regulations 3(9) involving a pedal cycle) and 4(27), (28) and (30) of the Royal and other parks and Gardens Regulations 1977.
