The Prosecutors Convention
A convention between prosecuting authorities to provide arrangements for ensuring effective co-ordination of decision making and handling in related cases which are the responsibility of different authorities
The prosecuting authorities which have become parties to this Convention hereby agree to pursue the objectives set out below of this Convention by applying wherever appropriate the principles set out below to cases for which they are responsible.
Objective
The objective of this initiative is to address the difficulties (in particular the uncertainties) that can occur where two or more prosecuting authorities propose to proceed against an individual or company for related offences and decisions are made and announced at differing times [Note: In this context "Related" means that two or more prosecuting authorities propose to prosecute the same individual or company for offences which may result in associated court proceedings. Often they may arise out of the same set of circumstances.].
This memorandum establishes a Convention between prosecuting authorities by providing a structure to ensure a co-ordinated approach to the decision making process and wherever possible the timing of any joint public announcement of the final prosecution decision.
Principles
To ensure proper co-ordination it is important that effective lines of communication are established at an early stage in the proceedings. Preliminary discussions should focus on the following issues:
- whether any prosecution can be jointly conducted; if not how best to coordinate related prosecutions;
- which agency will take lead responsibility for the prosecution;
- the timing of proceedings;
- mechanisms for sharing information;
- arrangements for the retention and disclosure of material subject to any legal constraints; and
- identifying and resolving any other case management issue.
In circumstances where prosecution by more than one authority cannot be avoided or where an investigation results in a joint or related prosecution, there should be discussion between the agencies involved and a course of action should be agreed before an announcement is made to the media.
Press Officers representing the agencies involved should co-ordinate an announcement of the prosecution decision and wherever possible issue a joint statement to the media.
Each agency will identify by name a liaison officer. The liaison officer will be responsible for:
- providing the initial point of contact for inter agency co-ordination purposes;
- ensuring that there is an identified and accountable line of effective communication between each agency to include regular structured meetings;
- monitoring compliance with the memorandum.
Where considered desirable, signatories to this agreement may wish to develop separate protocols to address specific areas of overlap in working practice.
Signatories will encourage, where appropriate, associated prosecuting authorities to abide by the spirit of this Convention.
Parties
The parties to this Convention are those prosecuting authorities who have adopted it by signing the attached Schedule.
Schedule to the Prosecutors Convention
- Crown Prosecution Service
- Department of Trade and Industry
- Serious Fraud Office
- HM Customs and Excise
- Health and Safety Executive
- Department of Social Security
- Inland Revenue
- Environment Agency
- Ministry of Agriculture Fisheries and Food
- Intervention Board
- Bank of England
- Army Prosecuting Authority
- Royal Air Force Prosecuting Authority
- Royal Navy Prosecuting Authority
- Maritime and Coastguard Agency
- Occupational Pensions Regulatory Authority
- Civil Aviation Authority