DPP publishes statement of CPS independence

12/07/2004

The Director of Public Prosecutions, Ken Macdonald QC, today published a Statement of CPS Independence, which has been issued to all CPS staff.

This statement is issued in the light of the broadening role of the CPS, for example in the Charging Programme, where CPS lawyers work alongside the police, giving early advice on cases.

A copy of Mr Macdonald's statement is available below.

Director of Public Prosecutions Statement of Independence

1. We have set out our vision for the future: we shall be a world class prosecuting service, at the heart of the criminal justice system, helping to build a fairer and more decent society; a prosecution service for the whole community, respected and valued in those terms.
2. This future will be built upon our values of fairness, impartiality and integrity: prosecuting criminal activity robustly, promptly and fairly so that we aim always for safe convictions in which the public can have confidence. Everything else flows from this.
3. These characteristics of fairness, impartiality and integrity are central to the independence of the prosecutor and our independence is of fundamental constitutional importance. It is a force for human rights and justice in society. It is critical in defending diversity and in protecting the weak from the strong and the individual from the group. This is a question of public trust.
4. The people of this country want a prosecution service that is confident, strong and independent. Casework decisions taken with fairness, impartiality and integrity will deliver justice for victims, witnesses, defendants and the public. Casework decisions that, for whatever reason, lack these characteristics risk miscarriages of justice. They undermine that confidence in the rule of law, which underpins our democratic society.
5. For these reasons I expect prosecutors to value, to defend and to apply our independence in all their work. They will be guided by the Code for Crown Prosecutors and by our wider policy statements. They will be fair and impartial and they will continue to act with integrity at all times.
6. None of this means that prosecutors act in isolation. Prosecutors must engage appropriately with our criminal justice partners, with the voluntary sector and with the diverse communities we serve.
7. Our key partners are the police. The charging programme completely refashions our working relationship. Prosecutors now work closely with police from the earliest stages of an investigation, as we assume the key role in determining how cases will be progressed. This new relationship is entirely proper. It is an appropriate development for us as we come of age. Of course, it creates challenges for us, including the challenge of maintaining our independence in charging advice and decision-making. But these are challenges of practice not of principle. I am confident we shall meet them firmly. Our effectiveness as independent prosecutors is best served by appropriate engagement with the police, not by inappropriate isolationalism.
8. Engaging with our criminal justice partners enables us to contribute more effectively to the justice system. Engaging with the wider community enables us to understand the needs of the public we serve, to protect appropriately the rights of those we prosecute and to focus on delivering just and effective outcomes for the community.
9. Understanding the importance of this engagement is fundamental to developing the role of the independent prosecutor. It is fundamental to our vision for the future. This is a future that we can embrace with confidence by building on the successes of the past.

July 2004

Notes to Editors

1. For further details contact the CPS Press Office on 020 7796 8106