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The Role of The Crown Prosecution Service

The Crown Prosecution Service is the government department responsible for prosecuting criminal cases investigated by the police in England and Wales.

As the principal prosecuting authority in England and Wales, we are responsible for:

  • advising the police on cases for possible prosecution
  • reviewing cases submitted by the police
  • determining any charges in more serious or complex cases
  • preparing cases for court
  • presenting cases at court

Find out more about the role of the Crown Prosecution Service

Home » News Centre » Press Releases » CPS prosecutor crosses the floor to become judge

CPS prosecutor crosses the floor to become judge

23/02/2005

The first Crown Prosecution Service lawyer to become a Deputy District Judge (Magistrates Court) was appointed today. Duncan Birrell, a Crown prosecutor at Lancashire CPS, was one of 25 successful candidates selected from a pool of nearly 500 lawyers from the public and private sectors who applied for the posts.

Mr Birrell's appointment marks a milestone for CPS lawyers who only became eligible to apply for part-time judicial positions in June 2003 following a change of policy and an announcement from the then Lord Chancellor, Lord Irvine and the Attorney General, Lord Goldsmith.

The Attorney General, Lord Goldsmith said today:

"I am delighted with Mr Birrell's appointment as the first Deputy District Judge from the ranks of the Crown Prosecution Service, breaking new ground for the CPS. It is good that the public will be able to benefit from the skills and knowledge of experienced prosecutors on the bench. It is good that government lawyers will have the same career opportunities as their colleagues in the private sector. This will help the Crown Prosecution Service become an employer of first choice for many.

"I wish Mr Birrell every success in his appointment."

The Director of Public Prosecutions, Ken Macdonald QC, said today:

"The CPS has produced its first member of the judiciary and my congratulations go to Duncan Birrell for this significant achievement.

"Mr Birrell's appointment not only provides a massive boost to the career development opportunities of current and indeed future crown prosecutors but also reflects the high calibre and professionalism of CPS prosecutors."

Duncan Birrell said today:

"After 19 years as a Crown prosecutor I'm delighted to have this opportunity to work on the other side of the bench and look forward to performing my public duties as a Deputy District Judge. My appointment is recognition not only for me but also reflects the changing perception of the CPS and I hope in the future to be the first full time judge appointed from within the CPS."

CPS lawyers appointed as Deputy District Judge (MC) can sit on cases prosecuted by other prosecuting authorities including Customs & Excise, DTI, local authorities, DWP and RSPCA but cannot sit on any cases prosecuted by the CPS.

  1. Duncan Birrell was called to the Bar (Lincoln's Inn) in 1984. He is a Special Casework Lawyer and Higher Court Advocate.
  2. Mr Birrell will continue to work as a CPS prosecutor and will work part-time as a DDJ (MC).
  3. In the past CPS , Serious Fraud Office and Government Legal Services lawyers were eligible to apply for appointments only in jurisdictions where the State was not habitually a party. In June 2003 this policy was revised so that:
    • CPS and SFO lawyers are eligible to sit in tribunals where the Government is a party
    • CPS, SFO and GLS lawyers are eligible to sit as Recorders in civil work, except in civil matters that involve their own Department
    • CPS and SFO lawyers are eligible to sit on criminal matters as Deputy District Judges in cases not involving their own department.
  4. For further information please contact CPS Press Office on 020 7796 8102.