The Crown Prosecution Service today launched a 12-week consultation on changes to the code for Crown prosecutors.

The code sets out the principles that prosecutors must follow when deciding whether or not to prosecute an individual. The test set out in the code, and applied in every case, requires prosecutors to consider whether there is sufficient evidence to charge an individual with a criminal offence and whether a prosecution is needed in the public interest.

The main changes put forward by the CPS are:

  • Prosecutors will have discretion to determine whether, where there is sufficient evidence and it is in the public interest to prosecute, a prosecution is a proportionate response to the specific offending.
  • Prosecutors will have discretion to stop a prosecution in the public interest, in exceptional circumstances, before all of the evidence is available.
  • A fuller section explaining the threshold test.
  • A fuller section explaining the use of out-of-court disposals for both adults and youths.
  • A fuller explanation of how the public interest is assessed.
  • Further public interest factors are identified, both in favour and against prosecution.

Director of public prosecutions Keir Starmer QC said: ‘Following the announcement of the merger between the CPS and the Revenue and Customs Prosecutions Office earlier this year, I have considered further what changes to the code for Crown prosecutors should be made in order to ensure that all prosecutors in the new public prosecution service, along with police officers, are making fair and consistent decisions.

‘The code for Crown prosecutors is fundamental to our role in deciding whether or not someone will be prosecuted. The decision to prosecute an individual is a serious step with serious implications for victims, witnesses, defendants and those close to them. The public prosecution service exercises extensive powers on behalf of the public, so it is vital that people know about the principles we apply, and that we know what they think of any changes we make to those principles.’

The consultation ends on 11 January 2010.