Code for Crown Prosecutors - Skadden

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The Code for Crown Prosecutors2.6 The prosecution service is also a public authority for the purposesof the Human Rights Act 1998. Prosecutors must apply theprinciples of the European Convention on Human Rights, inaccordance with the Human Rights Act, at each stage of a case.Prosecutors must also comply with any guidelines issued by theAttorney General and with the policies of the prosecution serviceissued on behalf of the DPP. They must also comply with theCriminal Procedure Rules currently in force.4
The Code for Crown ProsecutorsThe Decision Whether to Prosecute3.1 In more serious or complex cases, prosecutors decide whether aperson should be charged with a criminal offence, and, if so,what that offence should be. They make their decisions inaccordance with this Code and the DPP’s Guidance on Charging.The police apply the same principles in deciding whether tocharge or summons a person in those cases for which they areresponsible.3.2 The police and other investigators are responsible for conductingenquiries into an allegation that a crime may have beencommitted. Every case that prosecutors receive from the policeor other investigators is reviewed. Prosecutors must ensure thatthey have all the information they need to make an informeddecision about how best to deal with the case. This will ofteninvolve prosecutors providing guidance and advice to the policeand other investigators about lines of inquiry, evidentialrequirements, and assistance in any pre-charge proceduresthroughout the investigative and prosecuting process. However,prosecutors cannot direct the police or other investigators.3.3 Prosecutors should identify and, where possible, seek to rectifyevidential weaknesses, but, subject to the Threshold Test (seesection 5), they should swiftly stop cases which do not meet theevidential stage of the Full Code Test (see section 4) and whichcannot be strengthened by further investigation, or where thepublic interest clearly does not require a prosecution (see section4). Although the prosecutor primarily considers the evidence andinformation supplied by the police and other investigators, thesuspect or those acting on his or her behalf may also submitevidence or information to the prosecutor via the police or otherinvestigators, prior to charge, to help to inform the prosecutor’sdecision.5
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Code for Crown Prosecutors - Skadden

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