New Code symbolises coming of age

22/11/2004

A new Code for Crown Prosecutors has been launched, setting out in plain English how the decision to prosecute is reached and ensuring that prosecutors make fair and consistent decisions.

Although fundamental evidential considerations remain the same, the revised Code, launched on 16 November 2004, contains a number of significant changes that reflect the evolving role of the CPS at the centre of the criminal justice system, as well as recent statutory and policy developments.

The Director of Public Prosecutions, Ken Macdonald, QC, said: "I believe the 2004 Code reflects the CPS coming of age, with the confidence to take its place at the centre of the criminal justice system.

"The role of CPS prosecutors has changed they have a greater and more influential part to play at every stage of the prosecution process. It is not just about charging. Prosecutors will have a greater role in deciding on diversions from prosecution. In particular, they will instigate and shape the operation of the new conditional cautioning, as a direct alternative to prosecution through the courts. They will also play a key role in the sentencing process."

Colin Chapman, CPS Northamptonshires Chief Crown Prosecutor, said: "I welcome this new edition of the Code which enables members of the public and criminal justice partners alike to see and understand the basis upon which our decisions are made.

"The decision to prosecute an individual is a serious step and the Code ensures that prosecutors make fair and consistent decisions. The document is of interest and significance to many people, not just prosecutors, because it is the foundation upon which victims, witnesses and defendants are treated fairly and cases are prosecuted effectively.

"Our prosecutors carefully consider each case on its own facts and merits, playing a vital part in ensuring that justice is done and law and order is maintained. This new Code reflects a modern and forward thinking prosecution service."

The two tests of whether there is enough evidence to provide a realistic prospect of conviction and whether the prosecution is in the public interest still apply, but the new Code has a third threshold test whether there is reasonable suspicion that a suspect has committed an offence, and if there is, whether it is in the public interest to charge the suspect.

Mr Chapman continued: "The most significant change in the Code reflects the new role played by the CPS in statutory charging, a major reform to the Criminal Justice System by which Crown Prosecutors, rather than the police, will normally decide whether or not to charge a suspect and will determine the appropriate charge or charges a defendant will face."

As well as the charging initiative, other key developments reflected in the Code include:

• Two new public interest factors;
• Developing a role in sentencing and seeking post-conviction orders such as Anti Social Behaviour Orders (ASBOs);
• Alternatives to prosecution such as conditional cautioning;
• Re-starting a prosecution (double jeopardy).

Mr Chapman continued: "Two new factors for why a prosecution is in the public interest include: the prosecution would have a significant positive impact on maintaining community confidence and the offence was commited in the presence of, or in close proximity to, a child.

"This shows that the CPS has listended to the concerns of communities and takes into consideration the impact of offences on children, for example, many domestic violence cases involve attacks in the presence of, or in close proximity to, a child."

The new Code was developed following consultation with prosecutors from other prosecuting agencies and departments, Criminal Justice System partners, interest groups, the senior judiciary, academics and CPS staff.

NOTES

1. The new Code for Crown Prosecutors was launched on 16 November 2004.

2. The Attorney General announced a review of the Code in March 2004, following a number of statutory and policy developments.

3. This is the fifth edition of the Code, last revised in October 2000, which includes a significant number of changes. However, the fundamental evidential considerations have not been changed.

4. The purpose of the Code is to give guidance to Crown Prosecutors on the general principles to be applied when making decisions about prosecutions and ensure that everyone knows these principles that the CPS applies when carrying out its work.