§ 33. Dr. Julian LewisTo ask the Solicitor-General what impact incorporation of the European convention on Human Rights into UK law has had on his policy on permitting prosecutions for criminal libel; and if he will make a statement.[137169]
The Solicitor-GeneralCPS prosecution policy is contained in the Code for Crown Prosecutors. The Code outlines the two-stage process in the decision to prosecute. The first stage is the evidential test, which states there must be sufficient evidence to provide a "realistic prospect of conviction". The second stage is the public interest test. The CPS will only start or continue when the case has passed both tests. The Code also states that each case must be considered on its own facts and merits.
774WThe revised Code, which was launched on 11 October 2000, has been amended to reflect the introduction of the Human Rights Act 1998. The Code states
Crown Prosecutors must apply the principles of the European Convention on Human Rights in accordance with the Act.Cases involving criminal libel will be considered in accordance with the principles outlined in the Code.