REVIEW OF THE CODE FOR CROWN PROSECUTORS
1. REASONS FOR
THE CODE
REVIEW
A New Code for a New Service
1.1 The Code for Crown Prosecutors is kept
under continual review to ensure that its principles remain appropriate.
It is now approaching six years since the Code was last reviewed.
Since the Glidewell Review, the Crown Prosecution Service has
a new Director, a new structure, and a new vision. The CPS has
placed emphasis on building a decentralised service, with a greater
emphasis on serious cases. It is committed to improving the recognition
by others of the key part which the CPS plays in the criminal
justice system, and to establishing a clear and respected ethos
of independence in decision making. It wishes to be in the forefront
of initiatives to improve victims' and witnesses' experiences
of the criminal justice system. It is important that the Code
supports the CPS' commitment to a partnership approach, and its
vision of independence and excellence of decision making.
1.2 The Director of Public Prosecutions,
in consultation with the Attorney General, has, therefore, commissioned
a review of the Code for Crown Prosecutors. The review will not
only take into account the new ethos of the CPS, but will also
ensure that the Code properly reflects other legislative and procedural
issues, for example:
— The Human Rights Act 1998.
— The Rights and Interests of Victims.
— Freedom of Information.
— Designated Caseworkers.
2. AIM AND
OBJECTIVES OF
THE REVIEW
2.1 It is essential that the Code properly
takes into account the legislative and procedural framework of
the CJS, is relevant to current structure of the CPS, and reflects
the DPP's wish for openness.
2.2 The Aim of the Code review is:
To ensure that the Code for Crown Prosecutors
is relevant, clear and accessible, properly considers the rights
and interests of victims, and reflects the exercise of the statutory
functions of Crown Prosecutors.
2.3 The objectives of the review are:
— to consult all staff within the CPS,
partners in the Criminal Justice System, and the public;
— to take into account legislative
changes since 1994, particularly the Human Rights Act 1998;
— to take into account changes to the
structure of the CPS, and procedural changes to the CJS since
1994;
— to amend the Code in accordance with
recommendation 8 of the Glidewell Review;
— to consider the appropriateness of
a separate Explanatory Memorandum, given the DPP's commitment
to making the Prosecution Manual a public document;
— to ensure that the Code can be easily
understood, and is accessible to all, regardless of ethnicity
or disability;
— to ensure that the Code clearly articulates
general principles; and
— to consider the relationship between
the Code and Charging Standards.
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