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=== England and Wales === The prosecution landscape in England and Wales is highly varied, meaning that a prosecutor can refer to a number of different individuals and roles. ==== Types of prosecutor ==== The primary prosecutor in the jurisdiction is the [[Crown Prosecution Service]] (CPS), which is led by the [[Director of Public Prosecutions (England and Wales)|Director of Public Prosecutions]] (DPP). The CPS prosecutes on behalf of the Crown and also takes forward prosecutions originating from police investigations.<ref name=":1">{{Cite web |title=Relations with other prosecuting agencies {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/relations-other-prosecuting-agencies |access-date=15 June 2022 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615135943/https://www.cps.gov.uk/legal-guidance/relations-other-prosecuting-agencies |url-status=live }} [[File:UKOpenGovernmentLicence.svg|30px]] Text was copied from this source, which is available under an [http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ Open Government Licence v3.0] {{Webarchive|url=https://web.archive.org/web/20170628175632/https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ |date=28 June 2017 }}. Β© Crown copyright.</ref> While the DPP must be a suitably qualified lawyer under section 71 of the [[Courts and Legal Services Act 1990]],<ref>{{Cite web | title=Courts and Legal Services Act 1990 | url=https://www.legislation.gov.uk/ukpga/1990/41/section/71 | archive-url=https://web.archive.org/web/20100821083008/http://www.legislation.gov.uk:80/ukpga/1990/41/section/71 | access-date=2025-04-06 | archive-date=2010-08-21}}</ref><ref>{{Cite web |title=s2 PoA 1985 |url=https://www.legislation.gov.uk/ukpga/1985/23/section/2 |access-date=15 June 2022 |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615143335/https://www.legislation.gov.uk/ukpga/1985/23/section/2 |url-status=live }}</ref> the DPP does not take on cases themselves and instead plays an administrative and leadership role. In this way, while the DPP may be referred to as a prosecutor, the individual in the role would not take any cases to court. The DPP is appointed by His Majesty's [[Attorney General for England and Wales]], and the Attorney General also has supervisory authority as the sponsor of the CPS; however, the CPS is an independent body and the Attorney General cannot direct particular prosecutions.<ref>{{Cite web |title=Our governance |url=https://www.gov.uk/government/organisations/attorney-generals-office/about/our-governance |access-date=15 June 2022 |website=GOV.UK |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615135943/https://www.gov.uk/government/organisations/attorney-generals-office/about/our-governance |url-status=live }}</ref><ref>{{Cite web |title=[Withdrawn] Protocol between the Attorney General and prosecuting departments |url=https://www.gov.uk/government/publications/protocol-between-the-attorney-general-and-prosecuting-departments |access-date=15 June 2022 |website=GOV.UK |date=14 August 2019 |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615135944/https://www.gov.uk/government/publications/protocol-between-the-attorney-general-and-prosecuting-departments |url-status=live }}</ref> Unlike in the United States and other jurisdictions, the Attorney General is not a prosecutor in England and Wales. Instead, the role is a political office of the chief legal advisor to the [[Executive (government)|executive]].<ref>{{Cite web |title=Attorney General - GOV.UK |url=https://www.gov.uk/government/ministers/attorney-general |access-date=15 June 2022 |website=www.gov.uk |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615135945/https://www.gov.uk/government/ministers/attorney-general |url-status=live }}</ref> Crown Prosecutors are lawyers who work for the CPS. They are responsible for researching, advising police investigations, preparing cases for trial and sometimes presenting the case at trial.<ref>{{Cite web |title=About CPS {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/about-cps |access-date=15 June 2022 |website=www.cps.gov.uk |archive-date=12 June 2022 |archive-url=https://web.archive.org/web/20220612194346/https://www.cps.gov.uk/about-cps |url-status=live }}</ref> These lawyers may also be referred to as prosecutors. A number of other bodies have authority to bring prosecutions in England and Wales, including the [[Serious Fraud Office (United Kingdom)|Serious Fraud Office]] (SFO),<ref>{{Cite web |title=About us |url=https://www.sfo.gov.uk/about-us/ |access-date=15 June 2022 |website=Serious Fraud Office |language=en |archive-date=22 May 2022 |archive-url=https://web.archive.org/web/20220522114524/https://www.sfo.gov.uk/about-us/ |url-status=live }}</ref> [[Service Prosecuting Authority]] (SPA),<ref>{{Cite web |title=Service Prosecuting Authority |url=https://www.gov.uk/guidance/service-prosecuting-authority |access-date=15 June 2022 |website=GOV.UK |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615140707/https://www.gov.uk/guidance/service-prosecuting-authority |url-status=live }}</ref> and [[Financial Conduct Authority]] (FCA).<ref name=":2">{{Cite web |title=FCA Prosecution Handbook |url=https://www.handbook.fca.org.uk/handbook/EG/12.pdf |access-date=15 June 2022 |archive-date=27 July 2022 |archive-url=https://web.archive.org/web/20220727042859/https://www.handbook.fca.org.uk/handbook/EG/12.pdf |url-status=live }}</ref> These organisations and their legal representatives may be called prosecutors. This is the same for any person, organisation, or their representatives during a [[private prosecution]]. Finally, when cases are brought to trial, a [[Barristers in England and Wales|barrister]] or [[solicitor]] with [[Solicitor advocate|higher rights of audience]] may present the case before a [[Magistrate (England and Wales)|magistrate]] or a [[Judiciary of England and Wales|judge]] (with or without a [[Juries in England and Wales|jury]]). In these instances, referring to the prosecutor would refer to the lawyer conducting the case during trial. In most serious offences, the CPS or other prosecuting authority will instruct a barrister to represent them. In the most serious cases, this may be a [[King's Counsel]], and barristers may work in teams with a leader directing juniors. Unlike in the United States, these prosecuting barristers will work on a case-by-case basis, and so may also engage in defence work; they will not be employed solely to undertake prosecution advocacy. ==== Approach of the CPS to prosecutions ==== Crown Prosecutors are bound by a strict code of conduct, known as the [[Code for Crown Prosecutors]],<ref>{{Cite web |title=The Code for Crown Prosecutors {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/publication/code-crown-prosecutors |access-date=2024-05-15 |website=www.cps.gov.uk}}</ref> which governs how cases are charged and trials conducted. This fundamental code is supported by a range of other policies, most notably the Director's Guidance on Charging.<ref>{{Cite web |title=Charging (The Director's Guidance) - sixth edition, December 2020, incorporating the National File Standard {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-sixth-edition-december-2020-incorporating-national-file |access-date=2024-05-15 |website=www.cps.gov.uk}}</ref> The first stage in prosecuting a case is deciding to [[Criminal charge|charge]] the suspect, and it is this process which begins the prosecution. The CPS has the authority to decide whether a person is charged in all offences. However, the police may charge all [[Summary offence|summary offences]], and [[either-way offences]] when there is an anticipated guilty [[Pleading (England and Wales)|plea]]. The nature of the offence is suitable for [[Sentence (law)|sentence]] in the magistrates' court.<ref name="Director's Guidance">{{Cite web |title=Charging (The Director's Guidance) - sixth edition, December 2020 {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-sixth-edition-december-2020 |access-date=15 June 2022 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615143334/https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-sixth-edition-december-2020 |url-status=live }} [[File:UKOpenGovernmentLicence.svg|30px]] Text was copied from this source, which is available under an [http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ Open Government Licence v3.0] {{Webarchive|url=https://web.archive.org/web/20170628175632/https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ |date=28 June 2017 }}. Β© Crown copyright.</ref> In order to charge, the circumstances must meet the Full Code Test.<ref name=":0">{{Cite web |title=The Code for Crown Prosecutors {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/publication/code-crown-prosecutors |access-date=15 June 2022 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615143334/https://www.cps.gov.uk/publication/code-crown-prosecutors |url-status=live }}</ref> In some urgent cases, a lower Threshold Test can be applied to get a charge quickly; however, the Full Code Test must then be applied at the earliest opportunity.<ref name=":0" /> The Full Code Test has two stages; both parts are equal and must be met before a prosecution can be brought. {| class="wikitable" |+ ! colspan="2" |Full Code Test |- !Evidential Stage |Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.<ref name="Director's Guidance"/> The finding that there is a realistic prospect of conviction is based on the prosecutor's objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. It means that an objective, impartial, and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty.<ref name="Director's Guidance"/> |- !Public Interest Stage |In every case where there is sufficient evidence to justify a prosecution or to offer an out-of-court disposal, prosecutors must go on to consider whether a prosecution is required in the public interest.<ref name="Director's Guidance"/> It has never been the rule that a prosecution will automatically take place once the evidential stage is met. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour. In some cases the prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution.<ref name="Director's Guidance"/> |} {| class="wikitable" |+ ! colspan="2" |Threshold Test |- !There are reasonable grounds to suspect that the person to be charged has committed the offence |Prosecutors must be satisfied, on an objective assessment of the evidence, that there are reasonable grounds to suspect that the person to be charged has committed the offence. The assessment must consider the impact of any defence or information that the suspect has put forward or on which they might rely.<ref name="Director's Guidance"/> In determining whether there are reasonable grounds to suspect, prosecutors must consider all of the material or information available, whether in evidential format or otherwise. Prosecutors must be satisfied that the material to be relied on at this stage is capable of being:<ref name="Director's Guidance"/> # put into an admissible format for presentation in court; # reliable; and # credible. |- !Further evidence can be obtained to provide a realistic prospect of conviction |Prosecutors must be satisfied that there are reasonable grounds to believe that the continuing investigation will provide further evidence, within a reasonable period of time, so that when all the evidence is considered together, including material which may point away from as well as towards a particular suspect, it is capable of establishing a realistic prospect of conviction in accordance with the Full Code Test.<ref name="Director's Guidance"/> |- !The seriousness or the circumstances of the case justifies the making of an immediate charging decision<ref name="Director's Guidance"/> |The seriousness and the circumstances of the case should be assessed in relation to the alleged offending and should be linked to the level of risk created by granting bail.<ref name="Director's Guidance"/> |- !There are continuing substantial grounds to object to bail in accordance with the Bail Act 1976 and in all the circumstances of the case it is proper to do so<ref name="Director's Guidance"/> |This determination must be based on a proper risk assessment, which reveals that the suspect is not suitable to be bailed, even with substantial conditions. For example, a dangerous suspect who poses a serious risk of harm to a particular person or the public, or a suspect who poses a serious risk of absconding or interfering with witnesses. Prosecutors should not accept, without careful enquiry, any unjustified or unsupported assertions about risk if release on bail were to take place.<ref name="Director's Guidance"/> |- !It is in the public interest to charge the suspect |Prosecutors must apply the public interest stage of the Full Code Test based on the information available at that time.<ref name="Director's Guidance"/> |} The Threshold Test must be kept under proactive and continuous review, and should only be used in rare and urgent circumstances.<ref name=":0" /> ==== Prosecutions by other government agencies ==== State investigative agencies such as the [[Serious Fraud Office (United Kingdom)|Serious Fraud Office]] (SFO) and the [[Financial Conduct Authority]] (FCA), alongside independent prosecutors like the [[Service Prosecuting Authority]], may all bring prosecutions themselves without using the CPS. Nevertheless, these prosecutors will follow the standards set by the Code of Crown Prosecutors alongside their own prosecution policies, which may deal with issues specific to the types of crime they engage with.<ref name=":2" /> There may, at times, be confusion as to which agency is responsible for having brought a prosecution. Which agency is prosecuting may affect whether an offence can be properly tried, as not all agencies can investigate and prosecute all offences. In ''R v Stafford Justices ex parte Customs and Excise Commissioners'' (1991) 2 All ER 201,<ref>{{Cite web |last=dls |date=24 April 2021 |title=Regina v Stafford Justices ex parte Customs and Excise Commissioners: 1991 |url=https://swarb.co.uk/regina-v-stafford-justices-ex-parte-customs-and-excise-commissioners-1991/ |access-date=15 June 2022 |website=swarb.co.uk |language=en-US |archive-date=9 April 2022 |archive-url=https://web.archive.org/web/20220409050045/https://swarb.co.uk/regina-v-stafford-justices-ex-parte-customs-and-excise-commissioners-1991/ |url-status=live }}</ref> it was found by the court that a prosecution is instituted by the police only when they have investigated, arrested and brought the arrested person to the custody officer.<ref name=":1" /> A case is not instituted by the police simply because a custody officer at a police station charges the suspect. Applying the same principle, proceedings are instituted by another prosecuting agency when they have been solely responsible for the investigation and arrest of the suspect, even though the suspect is taken to the police station to be charged by a custody officer.<ref name=":1" /> The CPS advise that another prosecuting authority should probably conduct a case if any of the following factors apply:<ref name=":1" /> * the police did not conduct the majority of the investigation; * the police were only involved in overseeing a search, effecting an arrest or assisting other investigators in the conduct of an interview; * the other authority is in possession of all the main exhibits; and * someone other than a police officer is named on the charge sheet as the person accepting the charge or as the officer in the case.<ref name=":1" /> ==== Prosecutions requiring special consent ==== Prosecutions under certain acts require the consent of the Attorney General or DPP before they can proceed. In practice, the following types of consent may be required: {| class="wikitable" |+ !Consent type !Details |- |Attorney General's consent |Offences stipulating Attorney General's consent require the explicit consent of either the Attorney or Solicitor General.<ref name=":3">{{Cite web |title=Consents to Prosecute {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/consents-prosecute |access-date=2022-06-15 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615163644/https://www.cps.gov.uk/legal-guidance/consents-prosecute |url-status=live }}</ref> These roles together are known as the Law Officers. Under section 1 of the [[Law Officers Act 1997]],<ref>{{Cite web | title=Law Officers Act 1997 | url=https://www.legislation.gov.uk/ukpga/1997/60/section/1 | archive-url=https://web.archive.org/web/20110101071135/http://www.legislation.gov.uk/ukpga/1997/60/section/1 | access-date=2025-04-06 | archive-date=2011-01-01}}</ref> the Solicitor General can undertake any role assigned to the Attorney General.<ref name=":3" /><ref>{{Cite web |title=s1 Law Officers Act 1997 |url=https://www.legislation.gov.uk/ukpga/1997/60/section/1 |access-date=15 June 2022 |archive-date=9 April 2022 |archive-url=https://web.archive.org/web/20220409214604/https://www.legislation.gov.uk/ukpga/1997/60/section/1 |url-status=live }}</ref> |- |DPP's consent |Where an offence requires the consent of the DPP to proceed, this consent may be granted by a Crown Prosecutor under section 1(7) of the [[Prosecution of Offences Act 1985]].<ref>{{Cite web | title=Prosecution of Offences Act 1985 | url=https://www.legislation.gov.uk/ukpga/1985/23/section/1 | archive-url=https://web.archive.org/web/20111025223159/http://www.legislation.gov.uk:80/ukpga/1985/23/section/1 | access-date=2025-04-06 | archive-date=2011-10-25}}</ref> The prosecutor should apply all the normal tests before granting consent.<ref name=":3" /> |- |DPP's personal consent |Where an offence requires the personal consent of the DPP, this must be sought from the serving DPP by prosecutors, though the exact process varies depending on the offence.<ref name=":3" /> |- |Inchoate offences |Where an [[Inchoate offences in English law|inchoate offence]] is based on an underlying offence which requires consent to prosecute, the inchoate offence will also need consent.<ref name=":3" /><ref>{{Cite web |title=Consent of the Attorney General to prosecute: how to apply |url=https://www.gov.uk/guidance/consent-of-the-attorney-general-to-prosecute-how-to-apply |access-date=2022-06-15 |website=GOV.UK |date=23 June 2021 |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615163643/https://www.gov.uk/guidance/consent-of-the-attorney-general-to-prosecute-how-to-apply |url-status=live }}</ref> |} The range of offences which require consent is wide, a list of the offences can be found at Annex 1 of ''Consents to Prosecute''.<ref>{{Cite web |title=Consents to Prosecute {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/consents-prosecute |access-date=2024-05-15 |website=www.cps.gov.uk}}</ref> ==== Private prosecutions ==== {{main|Private prosecution}} In England and Wales, there is a statutorily protected common law right for any person to institute a private prosecution. This right is retained by section 6(1) [[Prosecution of Offenders Act 1985]].<ref>{{Cite web | title=Prosecution of Offences Act 1985 | url=https://www.legislation.gov.uk/ukpga/1985/23/section/6 | archive-url=https://web.archive.org/web/20130322051410/http://www.legislation.gov.uk:80/ukpga/1985/23/section/6 | access-date=2025-04-06 | archive-date=2013-03-22}}</ref> Some organisations regularly use private prosecutions on a large scale to achieve an institutional goal, for example the vast majority of prosecutions under the [[Animal Welfare Act 2006]] are prosecuted by the [[Royal Society for the Prevention of Cruelty to Animals]] (RSPCA) as private prosecutions.<ref>{{Cite web |title=Wooler Report |url=https://www.rspca.org.uk/webContent/staticImages/Downloads/WoolerReviewFinalSept2014.pdf |access-date=15 June 2022 |archive-date=7 April 2022 |archive-url=https://web.archive.org/web/20220407024925/https://www.rspca.org.uk/webContent/staticImages/Downloads/WoolerReviewFinalSept2014.pdf |url-status=live }}</ref> The Post Office also undertook a wide array of private prosecutions against post masters, leading to a [[British Post Office scandal|subsequent scandal]] in which these prosecutions have widely come to be seen as a miscarriage of justice. The RSPCA have come under strong criticism for lacking sufficient independence to act as a prosecutor from the independent 'Wooler' review;<ref>{{Cite web| title=The independent review of the prosecution activity of the Royal Society for the Prevention of Cruelty to Animals | url=https://www.rspca.org.uk/webContent/staticImages/Downloads/WoolerReviewFinalSept2014.pdf | archive-url=https://web.archive.org/web/20141018123154/http://www.rspca.org.uk/webContent/staticImages/Downloads/WoolerReviewFinalSept2014.pdf | archive-date=2014-10-18}}</ref> the Environmental, Food and Rural Affairs Committee<ref>{{Cite web | url=https://publications.parliament.uk/pa/cm201617/cmselect/cmenvfru/117/117.pdf | title=Animal welfare in England: domestic pets | website=publications.parliament.uk}}</ref> and the Justice Select Committee,<ref>{{Cite web| title=Private prosecutions: safeguards | url=https://committees.parliament.uk/publications/2823/documents/27637/default/ | archive-url=https://web.archive.org/web/20201126161056/https://committees.parliament.uk/publications/2823/documents/27637/default/ | archive-date=2020-11-26}}</ref> given they also investigate the offences and campaign politically for animal rights. The ongoing issues with private prosecutions outlined above has led to the Justice Select Committee calling for a closer examination of the process and regulation by government.<ref>{{Cite web |title=JSC Report on Private Prosecutions |url=https://committees.parliament.uk/publications/2823/documents/27637/default/ |access-date=15 June 2022 |archive-date=29 April 2022 |archive-url=https://web.archive.org/web/20220429092123/https://committees.parliament.uk/publications/2823/documents/27637/default/ |url-status=live }}</ref> It is usually practically difficult for an individual to bring a private prosecution given the high cost β estimated by the Ministry of Justice at Β£8,500 on average.<ref name=":4">{{Cite web |title=Private Prosecutions |url=https://www.gov.uk/government/publications/private-prosecutions/private-prosecutions |access-date=2022-06-15 |website=GOV.UK |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615173308/https://www.gov.uk/government/publications/private-prosecutions/private-prosecutions |url-status=live }}</ref> Even if a private prosecutor is not legally qualified, they must meet the usual legal requirements lawyers must undertake including the Criminal Procedure Rules and appropriate disclosure standards.<ref name=":5">{{Cite web |title=Private Prosecutions {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/private-prosecutions |access-date=2022-06-15 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615173314/https://www.cps.gov.uk/legal-guidance/private-prosecutions |url-status=live }} [[File:UKOpenGovernmentLicence.svg|30px]] Text was copied from this source, which is available under an [http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ Open Government Licence v3.0] {{Webarchive|url=https://web.archive.org/web/20170628175632/https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ |date=28 June 2017 }}. Β© Crown copyright.</ref><ref name=":4" /> ==== DPP's power to take over private prosecutions ==== The DPP has authority to take over any prosecution instituted by another person or organisation, and to discontinue the prosecution if they see fit.<ref>{{Cite web |title=s6 PoA 1985 |url=https://www.legislation.gov.uk/ukpga/1985/23/section/6 |access-date=15 June 2022 |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615171920/https://www.legislation.gov.uk/ukpga/1985/23/section/6 |url-status=live }}</ref><ref name=":5" /> The CPS have set out public guidance on when they will take over a prosecution; this indicates that the CPS should take over and continue with the prosecution if the papers clearly show all of the following: * the evidential sufficiency stage of the Full Code Test is met; * the public interest stage of the Full Code Test is met; and * there is a particular need for the CPS to take over the prosecution. The final consideration is designed to cover the situation where, for whatever reason, the investigative authorities with which the CPS usually deals have not brought the case to the CPS' attention and yet it is a case that merits the prosecution being conducted by a public prosecuting authority rather than by a private individual.<ref name=":5" />
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