HC Deb 29 January 2004 vol 417 cc489-90W
Mr. Paterson

To ask the Secretary of State for Environment, Food and Rural Affairs at what level in her Department the decision is made to pursue through the criminal courts the prosecution of persons or companies alleged to have committed or suspected of fraudulent activity in matters within the jurisdiction or responsibility of her Department; and whether such decisions are confirmed or reviewed by her or any member of her ministerial team. [150560]

Alun Michael

Decisions to prosecute for fraudulent activity are made in accordance with the Code for Crown Prosecutors (4th Edition) (2000) by prosecution lawyers in the Criminal Advisory and Prosecution Division of the Legal Services Directorate General of the Department. The lawyers are bound by Code for Crown Prosecutors (4th Edition) (2000) and their task is firstly to determine whether there is sufficient evidence to provide a "realistic prospect of conviction" and only then, if there is a realistic prospect of conviction, whether a prosecution is in the public interest.

Such decisions are not confirmed or reviewed by any Ministers although quite properly Ministers are informed of certain high-profile cases and may make representations to the prosecutor.

Mr. Paterson

To ask the Secretary of State for Environment, Food and Rural Affairs what criteria are applied by her Department in determining whether to pursue through the criminal courts the prosecution of persons or companies alleged to have committed or suspected of fraudulent activity in matters within the jurisdiction or responsibility of her Department. [150562]

Alun Michael

Decisions to prosecute for fraudulent activity in matters within the jurisdiction or responsibility of the Department are made in accordance with the Code for Crown Prosecutors (4th Edition 2000) by prosecution lawyers in the Criminal Advisory and Prosecution Division of the Legal Services Directorate General of the Department.

The lawyers are bound by Code for Crown Prosecutors (4th Edition) (2000) and their task is firstly to determine whether there is sufficient evidence to provide a "realistic prospect of conviction" and then, only if there is a realistic prospect of conviction, whether a prosecution is in the public interest. In their overall assessment of the public interest in prosecuting such cases, the lawyers take into account all relevant circumstances relating to the commission of the offence including those set out in paragraphs 6.5 (c) to (e) of the Code and the personal circumstances of the offender including those set out in paragraph 6.5 (f) to (h) of the Code.