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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