Crown Prosecution Service
| Author | Alec Samuels |
| Published date | 01 November 1986 |
| Date | 01 November 1986 |
| DOI | http://doi.org/10.1177/002201838605000409 |
| Subject Matter | Article |
CROWN
PROSECUTION
SERVICE
Alec
Samuels*
The
advent of the crown prosecution service marks asignificant
development in the English criminal justice system.
The
principal
feature is the independence, hopefully
"robust"
independence, of
the
prosecution-independence
from the police. In view of the
responsible way in which chief constables and prosecuting
solicitors have conducted prosecutions in the past, no great changes
"on
the
ground"
are likely to be perceived, or indeed to occur, at
first.
The
change is more atheoretical and constitutional change,
but in the long run this is likely to become significant, with practical
consequences.
The
individual prosecutor is ethical, professional, and
independent. He always has been, in spirit, but the new system
emphasises and institutionalises these virtues and qualities.
Decision to Prosecute
Initially, the decision to prosecute rests with the police.
The
police
decide whether or not to start proceedings, though in some difficult
cases they may occasionally consult the crown prosecution service.
Probably in the course of time local understandings on police
prosecution policies will emerge.
The
crown prosecution service
decide whether or not to continue the proceedings; and if to
continue, how the case shall be conducted and presented. In
practice, police and prosecution are likely to agree in most cases on
the line to be taken. But the prosecution must examine the case in
order
to ensure that it has been properly commenced and should
properly continue.
The
decision of the prosecution will essentially
be one of discontinuance where adifference of opinion or
judgment arises.
The
prosecution will naturally be reluctant to
•J.P., Barrister, B.A.(Cantab).
432
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