Frances Gibb, Legal Editor
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The police may take over responsibility for bringing charges for thousands of minor offences each year under changes to be piloted by the Crown Prosecution Service (CPS).
The move would leave CPS lawyers to deal with more serious offences while police handled offences that can only be tried by magistrates.
It comes just as Jack Straw, the Justice Secretary, has announced a review of the use of cautions, amid concern that serious offences and assaults are not brought to court.
Peter Lewis, chief executive of the CPS, said: “There is clear value in CPS lawyers authorising charging in the more serious cases, but we want to test whether some lower level offences may be more effectively dealt with by the police.”
Tim Godwin, Deputy Commissioner of the Metropolitan Police Service, and head of the criminal justice division of the Association of Chief Police Officers said that under the pilot, police would take responsibility for charging to court some of the low level crimes without the need for referral to the CPS. He said: “This will be strictly tested and is a proportionate approach to help focus on more serious case work where lawyer assistance is required.”
The move follows a report by the inspectorates of the Constabulary and Crown Prosecution Service which recommended how charging could be made more efficient and recommended that the police take on summary-only offences.
However, it harks back to the days before the CPS when prosecuting lawyers operated from police stations and there were concerns that prosecutors and police operated too closely.
The CPS was therefore set up as an independent prosecuting authority, distanced from crime investigations.
Yesterday John Thornhill, chairman of the Magistrates’ Association which has been at the forefront of concerns about the use of cautions, said: “We would want to look at this very carefully to ensure that justice was being done.
“We have already expressed concerns about undercharging and we would want to see very clear guidelines on charging, relating to the seriousness of the offence, if this was to be introduced.”
"If police were to be applying the prosecutors’ code and a “public interest” test including whether a prosecution was proportionate, then there was a danger that only “watertight” cases would come to court.
“If that is the case, then justice will not be being done.
“In one sense we do not mind who charges — whether it is the police or the CPS. What matters is that the right charge is brought and the right offences are charged.”
The pilot was announced alongside plans to roll out nationwide the CPS telephone charging advice service for police, so that police will have access to lawyers 24 hours a day.
Before the CPS was formed, prosecuting lawyers operated from police stations and there were concerns that prosecutors and police operated too closely.
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