§ Mr. StewartTo ask the Attorney-General what guidance the director of Public Prosecutions has issued to Crown prosecutors on the application for the code of Crown prosecutors. [40012]
§ The Attorney-GeneralAn explanatory memorandum was issued to all Crown prosecutors in June 1994, giving guidance on how the code for Crown prosecutors should be applied in individual cases. That explanatory memorandum has recently been revised and will also be made available to other prosecuting authorities, the police and other interested agencies.
The revisions focus on the evidential sufficiency test and amount to a shift in emphasis in three principal ways. First, Crown prosecutors are encouraged to try to secure further evidence when they do not think there is sufficient to prosecute and, in cases of doubt, to ask themselves whether there is no realistic prospect of conviction rather than conclude that the case is too evenly balanced to prosecute. Secondly, Crown prosecutors are urged to focus their attention only on specific identifiable lines of defence which the prosecution must seek to overcome from the outset, and to ignore speculative defences. 459W Thirdly, guidance is given on the distinction between those cases that are evidentially complex or difficult and those that are simply weak. Confusing the two types of case may cause some prosecutors to conclude that there is not a realistic prospect of conviction, when a more experienced prosecutor would explore and find ways of overcoming what are difficulties, than inherent weaknesses. The guidance should increase the ability of Crown prosecutors to identify and then overcome what might otherwise be perceived as insurperable obstacle to a successful prosecution.
The revised explanatory memorandum is being printed and copies will be placed in the Libraries of both Houses as soon as they are available.