Select Committee on Northern Ireland Affairs Written Evidence


11.  Written evidence from the Public Prosecution Service

  I understand that the Northern Ireland Affairs Committee wishes to conduct an inquiry into organised crime in Northern Ireland. In particular, it wishes to look into the following:

  The nature of organised crime in Northern Ireland, the impact of organised crime on society and the economy in Northern Ireland, and the effectiveness of measures taken by the Government and relevant agencies to counter organised crime.

  The role of the Director of Public Prosecutions in relation to the prosecution of offences, including those arising from organised crime, is now set out in the Justice (Northern Ireland) Act 2002.

  By virtue of section 31(1) of the Act the Director must take over the conduct of all criminal proceedings which are instituted in Northern Ireland on behalf of the Police Service of Northern Ireland.

  By virtue of Section 31(2) of the Act the Director may institute, and have conduct of, criminal proceedings in any other case where it appears appropriate for him to do so. In so doing, the Director is independent of Government whilst subject to the superintendence and direction of the Attorney General for Northern Ireland acting as a Law Officer.

  Section 31(5) of the Act requires the Director to give to police forces including the Police Service of Northern Ireland such advice as appears to him appropriate on matters relating to the prosecution of offences. This often occurs in serious or complex cases.

  The Director applies the TEST FOR PROSECUTION in deciding whether facts and information reported to him which might be said to arise from organised crime give rise to an offence which should be prosecuted contrary to the law of Northern Ireland. The TEST FOR PROSECUTION is met if the evidence which can be adduced in court is sufficient to provide a reasonable prospect of conviction and prosecution is required in the public interest. Each aspect of the test must be separately considered and passed before a decision to prosecute can be taken.

  The Evidential Test must be passed before the Public Interest Test is considered. Broadly the presumption is that the public interest requires prosecution where there has been a contravention of the criminal law. This presumption provides the starting point for consideration of each individual case. In some instances, such as organised crime, the serious nature of the case will make the presumption a very strong one.

  The Director also makes prosecution decisions and conducts prosecutions arising from files submitted by various Government Departments. Of particular relevance in the area of organised crime are files submitted by Her Majesty's Revenue and Customs, Trading Standards Department and the Department of Environment. He also has duties in relation to the confiscation and forfeiture of criminal assets.

  It is difficult to categorise all the offences which can be prosecuted arising out of an investigation into organised crime but at present the principal offences relate to fraud, the importation and supply of drugs, fuel smuggling, counterfeit goods, money laundering, extortion and the illegal dumping of waste.

J Scholes

Senior Assistant Director

9 November 2005





 
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