§ Mr. BerminghamTo ask the Attorney-General what steps he intends to take in the light of the divisional court ruling of 23 May, to ensure that each case is screened by a legally qualified person employed by the Crown Prosecution Service.
§ The Attorney-GeneralThe divisional court ruling of 23 May is currently the subject of an appeal. Meanwhile the Director of Public Prosecutions has issued a circular to all chief Crown prosecutors advising them of the terms of the court's declaration and stating that those terms must be complied with.
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§ Mr. BerminghamTo ask the Attorney-General, pursuant to the answer of 21 April,Official Report, columns 507–8, as to the number of legally qualified persons employed by the Crown Prosecution Service in its Crown court sections, what steps he intends to take to ensure that in those cases where additional or new evidence comes to light after committal proceedings the case will be reviewed by a legally qualified person.
§ The Attorney-GeneralWhere additional or new evidence or information comes to light after committal, particularly where doubt is cast on the initial decision to proceed, it is the normal practice for the material to be considered by the Crown prosecutor, and, if necessary, for the advice of counsel to be sought. In any event, the material will be included as an additional enclosure in the brief to counsel.
Paragraph 10 of the code for Crown prosecutors stresses that even when proceedings are under way the Crown prosecutor should continue to exercise a reviewing function. The function is a continuing one, as it is important that cases should be kept under continuous review, not least because the emergence of new evidence or information may sometimes cast doubt on the propriety of the initial decision to proceed.
§ Mr. BerminghamTo ask the Attorney-General whether in the light of the divisional court ruling of 23 May, he will state the duties and responsibilities of counsel instructed by the Crown Prosecution Service to appear on behalf of the Crown in a criminal matter in the Crown court.
§ The Attorney-GeneralThe divisional court ruling of 23 May is currently the subject of an appeal. Meanwhile the Director of Public Prosecutions has issued a circular to all chief Crown prosecutors advising them of the terms of the court's declaration and stating that those terms must be complied with. The duties and responsibilities of counsel conducting a case in the Crown court remain as before the decision and are conveniently set out in the report of the committee chaired by the hon. Mr. Justice Farquharson.
§ Mr. BerminghamTo ask the Attorney-General whether he intends to take any further steps to encourage legally qualified staff to remain within the Crown Prosecution Service where they have reached the grade of a senior Crown prosecutor.
§ The Attorney-GeneralThe retention of experienced staff within the Crown Prosecution Service is of the greatest importance. With the Director of Public Prosecutions I shall encourage senior Crown prosecutors to take advantage of the new pay offer which includes substantial salary increases at the senior Crown prosecutor grade with additional special salary awards for consistently high performance. These will make career prospects in the service more attractive. In the development of the service careful heed will be taken of the 1987 study of internal communications, as well as of the views of senior Crown prosecutors themselves as to how the attraction of the role of an experienced lawyer in the service may be enhanced.