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cp149 Consents to Prosecution consultation - Law Commission

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84<br />

(paragraph 6.58)<br />

1.14 We ask those consultees who favour any of the options set out in the second<br />

question above <strong>to</strong> provide evidence of specific examples <strong>to</strong> support the option<br />

selected.<br />

An ancillary matter: au<strong>to</strong>matic notification of private prosecutions<br />

(paragraph 6.59)<br />

1.15 We invite consultees <strong>to</strong> consider whether there should be au<strong>to</strong>matic notification of<br />

all private prosecutions <strong>to</strong> the DPP.<br />

(paragraph 6.61)<br />

PROVISIONAL PROPOSALS FOR THE REFORM OF THE CONSENT REGIME<br />

The rejected options<br />

1.16 We provisionally reject the option of making no change <strong>to</strong> the consents regime.<br />

1.17 We provisionally reject the option of abolishing all consent provisions requiring the<br />

consent of either the <strong>Law</strong> Officers or the DPP.<br />

Rationalising the consents regime<br />

(paragraph 7.3)<br />

1.18 We provisionally propose that the consent regime should be reformed by way of<br />

rationalisation.<br />

The pool of offences<br />

1.19 We provisionally conclude<br />

(paragraph 7.4)<br />

(1) that a requirement of consent should be used <strong>to</strong> control prosecutions for<br />

those offences<br />

(a) which directly affect freedom of expression;<br />

(b) which may involve the national security or have some international<br />

element; or<br />

(c) in respect of which it is particularly likely, given the availability of<br />

civil proceedings in respect of the same conduct, that the public<br />

interest will not require a prosecution, and

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