§ Mr. GorstTo ask the Attorney-General what is the practice of the prosecution authorities in cases of fraud involving sums of money in excess of £1 million; what is the Director of Public Prosecution's policy where culprits are over the age of 67 years; what consideration is given to the length of time a crime has remained undetected; and what consideration is being given to the implications for prosecution policy in respect of the War Crimes Bill of these policies.
§ The Attorney-GeneralThe principles set out in the code for Crown prosecutors promulgated by the Director of Public Prosecutions under section 10 of the Prosecution Offences Act 1985, govern all decisions taken by the Crown prosecution service including those relating to alleged fraud. First, the evidence must be sufficient to afford a realistic prospect of conviction; second, the circumstances must be such that the public interest requires a prosecution.
The factors referred to in the hon. Members question are relevant to assessment of the public interest which can arise only if the evidential criterion is satisfied. The sum involved goes directly to the seriousness of the offence which, together with any aggravating features, for example, persistence or breach of trust, must be balanced against other factors militating against prosecution such as advanced age. So far as time elapsing since the commission of a crime is concerned, the Crown prosecution service is slow to prosecute if the last offence was committed three or more years before the probable date of trial, unless, despite its staleness, an immediate custodial sentence of some length is likely to be imposed. Less regard will be paid to staleness, however, if it is contributed to by the accused himself, the complexity of this case has necessitated lengthy police investigation or the particular characteristics of the offence have themselves contributed to the delay in its coming to light. Generally, the graver the allegation the less significance will be attached to the element of staleness.
If Parliament enacts the War Crimes Bill currently before it, the same principles will apply to the offences made justiciable by that legislation.
§ Mr. GorstTo ask the Attorney-General what progress has been made in the investigations into allegations of a £1 million fraud by Mr. Alex Swern and Mr. Laurence Rosen; whether the police have now completed their investigations; when a decision with regard to prosecution will be made by the Director of Public Prosecutions; and if he will make a statement.
§ The Attorney-GeneralA report relating to the case to which the hon. Member refers was submitted to the Crown prosecution service on 30 March 1990. Having considered the report and had the benefit of advice from counsel, the Crown prosecution service concluded that the criteria set out in the code for Crown prosecutors were not satisfied. The Metropolitan police were advised that no proceedings should be instituted against either proposed defendant.