Civil Proceedings Against The CPS
Principle
There are two types of civil claims made against The CPS. These are:
- Claims arising out of its advisory and prosecuting functions under the Prosecution of Offences Act 1985;
- Claims arising out of its role as an employer or occupier of premises.
The first type is handled by Casework Directorate in HQ and is dealt with in this section. The second type is handled by Personnel Directorate and is not covered in this guidance.
Guidance
Civil claims can be notified to CPS by:
- A letter from an individual or solicitors asking for compensation before issuing formal proceedings (a “potential claim”).
- A writ issued by a court (an “actual claim”).
Where a writ has been issued it should be sent straight to the Casework Directorate who will immediately instruct the Treasury Solicitor (TS). The CPS benefits from the considerable experience of civil actions within the Treasury Solicitor's Department. Many Government Departments instruct the TS in the same way.
The TS is responsible for instructing counsel on behalf of The CPS.
Where a potential claim is received, Casework Directorate will correspond with the claimant, and will consult with, and keep informed, the relevant parts of The CPS and members of staff involved. This will include Finance Directorate in relation to decisions on settlement and quantum in all claims.
Costs and damages will normally be paid by the relevant Area or HQ Directorate responsible for the matter in question, unless responsibility for the claim lies elsewhere.
Procedure
When a potential claim is received the reply must only:
- Acknowledge receipt of the communication;
- Indicate that it has been passed to Casework Directorate in HQ.
No indication must be given that liability is either accepted or denied.
An actual claim must not be acknowledged as it could been seen as a waiver of the correct procedure which would mean that time could run from such acknowledgement. All relevant correspondence and documentation should be sent to Casework Directorate expeditiously.
A written report should provide background information and:
- Describe the nature of the proceedings/actions giving rise to the claim;
- Deal specifically with all the allegations
It is desirable that the prosecutor responsible for making the decision or reviewing the case writes the report.
The report should provide sufficient information to enable a proper basis for review by the Casework Directorate, or instructions to the TS.
The original prosecution file should be retained by the Area unless or until requested by Casework Directorate, or until Casework Directorate confirm in writing that it can be archived and retained/destroyed in accordance with existing file storage/destruction policy.