Criminal lawBy Anthony Edwards, TV Edwards, LondonCode for crown prosecutorsThe fourth edition of the Code for Crown Prosecutors took effect in October 2000 not least to recognise that the Crown Prosecution Service (CPS) is a public authority within the meaning of the Human Rights Act 1998 (para 2.5.) The guidance it contains applies not only to crown prosecutors but to staff authorised by the director to undertake prosecutions on his behalf.The shape of the code has been preserved with the essential emphasis on the two-part test for prosecution: An examination of the evidential test followed by a decision whether a prosecution is in the public interest.There are many drafting amendments.

Amongst the substantive changes those of particular significance include:2.4 A clear statement of the duty of crown prosecutors to comply with the obligations of disclosure (on which the new Attorney-General's guidance is still outstanding).5.3.c A need to consider any explanation given by the defendant when deciding whether the evidential test is met.6.4.i The factors in favour of prosecution include not only that the offence was motivated by any form of discrimination, but also that the suspect demonstrated hostility based on any of the relevant characteristics.6.5.b The factors against prosecution include expressly that because the defendant has already been sentenced an additional sentence is unlikely.6.7 Greater emphasis is placed on the victim's position: 'When considering the public interest test Crown Prosecutors should always take into account the consequence for the victim of the decision whether or not to prosecute, and any views expressed by the victim or the victim's family'.6.8 This new provision requires that a victim be told of any decision which makes a significant difference to the case.6.9/6.10 There is a substantial change of emphasis in relation to youths.Removed is any reference to the stigma of a conviction causing serious harm to a youth's prospects.

Instead emphasis is placed on the likelihood of previous reprimands and warnings and their failure to divert from crime.

The public interest will usually require a prosecution in such cases, unless there are clear public interest factors against prosecution.9.2 Particular care is required by Crown Prosecutors before accepting guilty pleas which would remove the need for an obligatory sentence: Proper attention must be given to appropriate ancillary orders.9.3 The need for appropriate Newton hearings is addressed.