Discontinuance of Criminal Proceedings in the Public Interest
| Published date | 01 March 1992 |
| Date | 01 March 1992 |
| DOI | 10.1177/026455059203900105 |
| Subject Matter | Articles |
Discontinuance
of Criminal
Proceedings in
the Public
Interest
Amanda Brown, Julie Scarabrook and Harry Matthews of
the Inner London Public Interest Case Assessment (PICA)
Project describe a new initiative to reduce avoidable
prosecutions by providing the Crown Prosecution Service
with information about defendants’ personal circumstances.
iscretion in prosecution is not new. The
f
current approach was first expressed by
Hartley
Shawcross1 when
~°
Attorney-
..~;.,~,‘,~~,_~~ .
General in 1951:
’It has never been the rule of this
country - I hope it never will be -
that suspected criminal offences
must automatically be the subject of
prosecution. Indeed, the very first
Regulations under which the
Director of Public Prosecutions
worked provided that he should
prosecute wherever it appears that
the offence or the circumstances of
its commission is or are of such a
°
character that a prosecution in
respect thereof is required in the
public interest. This is still the
dominant consideration.’
Since its establishment in 1986, the
Crown Prosecution Service (CPS) has
been required to carry out this ’public
interest’ review in every case based on
information supplied by the Police. Under the
24
Police and Criminal Evidence Act
into Marylebone Magistrates’ Court.
1984, the police have had to concen-
The experiment’s target group of of-
ttate more on evidential matters and
fences, however, of theft, criminal
defendants are in any case often reluc-
damage and sections 4 &
5 of the
tant to give personal details to police
Public Order Act 1986 have been
officers. Thus the CPS usually has on-
followed. The offence group of ’theft’
ly limited and unverified information
is a wide one, ranging from shoplifting
to hand
to theft from employer, or simple
In 1988, a six month experiment
fraud/deception. It also includes all at-
was tried in London, based on cases
tempts but does not include burglary
scheduled for Horseferry Road
or any offences involving violence.
Magistrates Court, to test whether deci-
We gather information daily on
sions to discontinue less serious
defendants and write to all, unless the
charges in the public interest could be
alleged offence was committed on bail
increased if the CPS were provided
or the value involved is exceptionally
with relevant and verified information
high. We are not restricted by
about defendants’ circumstances by the
geographic boundaries and we do not
Probation Service. The experiment was
...
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