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ARTICLE · 18 DECEMBER 2012

Proportionate Prosecution? New Code For Crown Prosecutors

A draft new Code for Crown Prosecutors presently open for consultation is intended to take a more focused, proportionate and effective approach to criminal enforcement.

United KingdomLitigation, Mediation & Arbitration

A draft new Code for Crown Prosecutors presently open for consultation is intended to take a more focused, proportionate and effective approach to criminal enforcement. The Code is the overarching document that all prosecutors must follow in deciding whether or not a suspect should be charged. What could have potentially far-reaching ramifications in respect of the prosecution of regulatory offences is the shift in emphasis in the public interest test, which could lead to a reduction in the number of prosecutions.

The new Code contains much which is similar to earlier versions. However, in terms of the changes it includes:

  • A more succinct format to avoid duplication with existing legal guidance in key areas

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