Director's Instructions to CPS Associate Prosecutors
Instructions issued by the Director of Public Prosecutions to Associate Prosecutors of the Crown Prosecution Service pursuant to Section 7A of the Prosecution of Offences Act 1985 as amended
Introduction
These instructions are issued by the Director of Public Prosecutions pursuant to sections 7A (3) and (4) of the Prosecution of Offences Act 1985 (the Act) which apply generally to CPS non legal employees designated by the Director in accordance with section 7A (1) of the Act.
They will take effect on the 28th July 2008.
A non-legal employee designated in accordance with section 7A (1) will be referred to in these instructions as an Associate Prosecutor (AP).
These instructions apply whether an AP has been designated prior to the date specified in the second paragraph above, upon that date, or subsequently.
Upon these instructions taking effect in accordance with the first paragraph above, all previous instructions issued to APs pursuant to section 7A(3) and (4) of the Act, and set out in the appropriate Annex of the Director's annual report to the Attorney General in accordance with section 7A (7)(c) of the Act, will cease to have effect.
The Director may from time to time issue guidance to Chief Crown Prosecutors on the implementation of these instructions, and dealing with related matters including procedures for supervision of APs and training requirements relevant to certain duties.
Nothing in these instructions prevents an AP from reminding a court of its duties and powers in relation to any proceedings (including sentencing).
The Statutory powers under section 7A
Subject to any exceptions or limitations contained within these instructions, Section 7A, as amended, confers on APs the powers and rights of audience of a Crown Prosecutor in relation to:
- Bail applications;
- The conduct of criminal proceedings in the magistrates' courts (including the youth court) other than trials of either way offences tried summarily or offences punishable with a term of imprisonment;
- The conduct of applications or other proceedings relating to preventative civil orders;
- The conduct of proceedings (other than criminal proceedings) in connection with the discharge of the functions assigned to the Director by the Attorney General; and
- Any other powers of a Crown Prosecutor not involving the exercise of rights of audience in relation to the conduct of proceedings falling within (ii), (iii) and (iv) above.
Section 7A does not give APs power to institute or commence criminal proceedings.
Powers and rights of audience
Subject to the exceptions or limitations specified in Schedules 1 to 4 and completion of the approved AP training, all APs will exercise the statutory powers under section 7A.
Bail applications
See point i in Statutory powers above
Bail applications include a defendant's application for bail, or application in relation to bail (including proceedings for breach and variation) in the Crown Court or the magistrates' court, whether or not the matter is contested and whether or not the defendant is an adult or youth, subject to the exceptions listed in Schedule 1.
Conduct of criminal proceedings
See point ii in Statutory powers above
The powers and rights of audience in relation to the conduct of criminal proceedings relate to all stages of the proceedings in magistrates' courts after a person has been charged. However the power to conduct trials is restricted to trials of non-imprisonable summary offences.
In applying these instructions a 'trial' is defined in section 7A (5A) of the Act as beginning with the opening of the prosecution case after a not guilty plea and ends with the conviction or acquittal of the accused.
APs exercise these powers and rights of audience on the instructions of a Crown Prosecutor and do not have a power of review under the Code for Crown Prosecutors for this purpose, except in accordance with the second paragraph in Powers not involving rights of audience below.
APs are not designated to exercise the powers and rights of audience of Crown Prosecutors in the magistrates' court, (including the youth court,) in relation to the proceedings specified in Schedule 2.
Preventative Civil Orders
See point iii in Statutory powers above
APs are designated to conduct applications or other proceedings relating to those Preventative Civil Orders (PCOs) set out in the next paragraph below. The conduct of proceedings that APs may undertake varies according to the legislative requirements of the particular PCO. This gives APs, where the legislation applies, authority to conduct an application for an order, or adduce further evidence, or apply for the variation or discharge of an order.
PCOs relate only to the following:
- Anti-Social Behaviour Order - the conduct of applications for orders made after a verdict or finding; variation and discharge of such orders.
- Football Banning Order - the conduct of applications on complaint or after a verdict or finding; to adduce and lead further evidence where appropriate; and to appeal against the refusal of a court to impose such an order.
- Drinking Banning Order (to come into force on a day to be appointed) - the conduct of applications for orders made after a verdict or finding; variation and discharge of such orders.
- Parenting Orders - a duty to assist the court on request.
- Restraining Orders - in relation to orders made after a verdict or finding to adduce and lead further evidence; and to apply for a variation or discharge of such an order. In relation to orders on acquittal to adduce and lead further evidence; and to apply for a variation or discharge of such an order.
A breach of a PCO is a criminal offence. Each PCO carries a different penalty. APs have power to deal with breaches subject to Schedule 2 and 4 below.
APs shall only exercise the powers and rights of audience as specified in Schedule 3.
Functions assigned by the Attorney General to the Director
See point iv in Statutory powers above
The Attorney General has assigned to the Director the following functions:
- applications for warrants of further detention under section 43(1) of the Police and Criminal Evidence Act 1984 and their extension under section 44 of that Act;
- applications by other countries for extradition of persons in the UK;
- conduct of proceedings relating to case stated and Habeas Corpus; and
- conduct of proceedings under section 2 of the Dogs Act 1871 instituted by a police force (dangerous dogs that may be destroyed).
APs are designated to conduct proceedings only in relation to point (iv) above, (proceedings under section 2 of the Dogs Act 1871).
Powers not involving rights of audience
See point v in Statutory powers above
The powers of a Crown Prosecutor that do not involve rights of audience relate to all other criminal proceedings conducted in the magistrates' court.
APs shall only review magistrates' court cases which are straight forward and which involve no difficult technical issues, or other complication of fact or law. Consistent with that principle, the power to review and determine such proceedings shall only be exercised in accordance with Schedule 4.
11 July 2008
Schedule 1
APs are not designated to conduct bail applications (including any variations, breaches and appeals) in the following matters.
- Bail applications in the Crown Court.
- Bail applications in youth courts.
- Bail applications in relation to youths charged with an adult in the magistrates' court.
Schedule 2
APs are not currently designated to exercise the powers and rights of audience of Crown Prosecutors in the magistrates' court (including the youth court) for the following proceedings.
- Trials relating to summary only non-imprisonable offences. Summary trials relating to either way offences and those punishable with a term of imprisonment are excluded from section 7A of the Act.
- Post conviction hearings commonly known as 'Newton Hearings'.
- Hearings in relation to committal proceedings where there is consideration of the evidence (section 6(1) of the Magistrates' Courts Act 1980).
- Matters that involve obligatory driving disqualification where evidence will be called in respect of 'special reasons' as to why the court should not impose disqualification.
Schedule 3
APs shall only exercise the powers and rights of audience of Crown Prosecutors in relation to Preventative Civil Orders in the following circumstances.
APs shall only conduct proceedings for PCOs where the conditions in (i) and (ii) both apply. The conditions are:
- Instructions have been given by a Crown Prosecutor in relation to the application, variation, or discharge or in adducing or leading further evidence, where applicable: and
- The proceedings are not contested.
Schedule 4
APs shall only exercise the powers of a Crown Prosecutor (including the power to review and determine criminal proceedings) in the following circumstances.
- To review summary or either way offences only where:
- the defendant is an adult; and
- the matter is summary-only or considered to be suitable for summary disposal; and
- a guilty plea is reasonably expected; or
- (if otherwise) the offence is a minor road traffic offence, provided the defendant is not a youth.
A guilty plea may reasonably be expected where a defendant has admitted the offence to police, or the offence has been witnessed by a police officer or police officers and the defendant has given no indication that he or she will plead not guilty.
- To amend a charge or summons where the amendment is minor, for example:
- An error as to the value of any property;
- The date upon which an offence took place;
- The venue for the offence;
- The description of any relevant object.
- To withdraw a charge or summons where:
- a road traffic offence involves the production of documents by the defendant (otherwise than in specified proceedings), and the defendant has produced the relevant documents to the court's Police Liaison Officer or other police officer; and
- the AP is satisfied that the charge or summons is no longer sustainable.