THE ROLE OF THE DIRECTOR IN PROSECUTIONS
CONDUCTED BY OTHER GOVERNMENT DEPARTMENTS
1. CURRENT POSITION
1.1 The Director has a statutory duty under
section 3(2)(a) of the Prosecution of Offences Act 1985 (the Act)
to take over proceedings instituted by or on behalf of the police.
1.2 However, section 6(2) of the Act also
gives the Director discretion to take over proceedings in any
other case including those instigated by another government department,
local authority or private individual.
1.3 Most government departments and agencies
with a prosecution function are subject to superintendence by
the Attorney General and signatories to the Prosecutors Convention.
1.4 The Prosecutors Convention is an agreement
between 17 prosecuting authorities and provides a structure and
principles for effective liaison and joint decision taking where
two or more signatories have a common interest.
1.5 A list of local/regional and national
contact points amongst the signatories to the Convention is published
internally by the CPS. Prosecution Co-ordinators in each of the
42 CPS Areas are encouraged to develop lines of local communication
to supplement national strategic discussions.
1.6 The core signatories are also members
of the Prosecutors Group (formally Whitehall Prosecutors or euphemistically
Small Prosecutors Group) which meet regularly to discuss issues
of mutual concern under the chair of the Department of Trade and
Industry.
1.7 The CPS and Serious Fraud Office have
recently been invited to join the group as observers but have,
for some time, contributed to discussions on a topic/theme basis.
1.8 The fact that most government departments
and agencies are subject to superintendence by the Attorney General
means that, in practice, the Director is unlikely to be required
to intervene. Additionally, national and local fora for discussion
between government prosecuting authorities means that emerging
issues are discussed and resolved without the need for the Director
to exercise his statutory powers.
| 
