War Crimes and Crimes Against Humanity
The Crimes against Humanity Unit of SO15 in the Metropolitan Police (SO15) and the Counter Terrorism Division of the Crown Prosecution Service (CTD) have agreed the following in relation to allegations of War Crimes and/or Crimes against Humanity.
Other than in urgent cases, SO15 will forward a report and relevant enclosures to CTD who will provide initial advice within 28 days. This advice will address jurisdiction, immunity and any potential offences disclosed. Once initial advice is given, SO15 will decide whether or not to pursue a full investigation. Thereafter CTD will advise in the usual manner.
In some cases, complaints are made to SO15 by individuals, solicitors or organisations, pending the arrival of an individual suspect expected to visit England and Wales. In these urgent referrals, SO15 will request the complainant to provide:
- Details of the individual concerned including his position of authority, if relevant
- Details of when he is arriving into the jurisdiction, and by what means
- Copies of the evidence against that individual.
Provided the above documentation is received in sufficient time for it to receive proper consideration, SO15 will seek the advice of CTD on jurisdiction, immunity and any potential offences disclosed. If there is no jurisdiction or the suspect has immunity, SO15 will inform the complainant. If there are potential justiciable offences, SO15 will decide whether or not to carry out an investigation.
If a decision to investigate is made, the complainant will be informed that SO15 are willing to take over the investigation. It should be made clear that from that point all investigative decisions will be made by SO15. In those circumstances, any decision on prosecution will be made independently by CTD in accordance with the Code for Crown Prosecutors. The decision whether or not to arrest a suspect when he/she arrives in the UK will be one for SO15.
If the decision is not to investigate, SO15 will inform the complainant or his/her solicitor.
If there is insufficient information upon which to make an initial decision on jurisdiction, immunity or any potential offences, SO15 will write and request further information from the complainant. It will be stressed to the complainant that if this information is not provided in sufficient time for it to be given proper consideration before a suspect's arrival in the UK, neither SO15 nor CTD can consider the matter further and the letter at Annex 1 will be sent to the complainant or his/her solicitor.
This letter explains the roles and responsibilities in a private prosecution and what might happen at a later stage if a private prosecutor asks the DPP to exercise his right to take the case over.
