§ Mr. DalyellTo ask the Attorney-General (1) if he will make a statement on the role of the Crown prosecution service and the Director of Public Prosecutions in determining whether the evidence in any particular case is such as to justify the institution of police inquiries;
(2) if he will make a statement on the role of the Crown prosecution service and the Director of Public Prosecutions in advising the Metropolitan police on whether evidence in particular cases justifies the institution of police inquiries; and what formal powers are exercised in such circumstances.
§ The Attorney-GeneralThe duties of the Director of Public Prosecutions and the Crown prosecution service, of which the Director is head, are set out in section 3(2) of the Prosecution of Offences Act 1985. Section 3(2)(e) of the Act states that it shall be the duty of the Director to give, to such extent as he considers appropriate, advice to police forces on all matters relating to criminal offences.
In deciding whether the evidence in any particular case is such as to lead the Director or the service to advise the police that inquiries would be justified, the Director and the service may take a number of factors into account. One of these factors would be the likelihood of such inquiries disclosing sufficient evidence to justify the institution of criminal proceedings. In determining whether the evidence in any particular case is sufficient to justify the institution of criminal proceedings the Director and the service will apply the criteria set out in the code for Crown prosecutors issued pursuant to section 10 of the Prosecution of Offences Act 1985.
§ Mr. Tam DalyellTo ask the Attorney-General what discretion the Metropolitan police have to disregard the advice of the Director of Public Prosecutions or Crown prosecution service that the evidence in a particular case is not such as to justify the institution of police inquiries.
§ The Attorney-GeneralNeither the Director of Public Prosecutions nor the Crown prosecution service has any responsibility for, or operational control over, any police force. It is a matter for the chief officer of police to decide whether the evidence in any particular case is such as to justify police inquiries. In reaching that decision the chief officer will no doubt take into account any advice that the Director or service may offer, but the chief officer is not obliged to accept it or follow it.
§ Mr. DalyellTo ask the Attorney-General (1) in how many cases since 1 January the Director of Public Prosecutions has advised the Metropolitan police that the evidence in a particular case is not such as to justify the institution of police inquiries;
(2) in how many cases since 21 September 1990 the Metropolitan police have sought the view of the Director 356W of Public Preosecutions or Crown prosecution service on whether the evidence in a particular case justifies the institution of police inquiries.
§ The Attorney-GeneralThe information requested is not collated in records maintained by the Director of Public Prosecutions or Crown prosecution service and could be obtained only at disproportionate cost.