Daily Mail

Think of cost before bringing charges, CPS told

New guidance could have prevented Terry debacle

- By Steve Doughty Social Affairs Correspond­ent

SUSPECTS may in future escape prosecutio­n if lawyers calculate it would be too expensive to bring them to trial.

For the first time Crown prosecutor­s will be told to consider the cost of bringing home a conviction before they lay charges.

A guide produced by Director of Public Prosecutio­ns Keir Starmer warns that there should be no criminal charges brought when a suspect is likely to face only a light or token punishment.

The new rule, which says that prosecutio­ns should be proportion­ate, raises the prospect that junior gang members could be let off rather than brought into a complex trial alongside their criminal leaders.

It could also have been used by prose-

‘Assessment of the public interest’

cutors to avoid bringing Chelsea football captain John Terry to court.

Terry was cleared last week of racism over a confrontat­ion on the pitch with Queens Park Rangers player Anton Ferdinand.

But since Terry could have faced a maximum punishment of a £2,500 fine, a prosecutor might have judged that the expense of bringing senior lawyers and large numbers of witnesses to court was too high to justify.

The introducti­on of the proportion test would be the first major change to the basis on which criminal charges are brought for nearly 90 years.

Until now, prosecutor­s have had to decide whether to bring criminal charges after making two basic decisions.

One is that the case has a better than even chance of resulting in a conviction, and the second is that a prosecutio­n must be in the public interest. A consultati­on paper about the new code sent out yesterday said that under the new proportion­ate element of the code, prosecutor­s must consider ‘the cost to the prosecutio­n service and the wider criminal justice system, especially where it could be regarded as excessive when weighed against any likely penalty’.

‘Cost is a relevant factor when making an overall assessment of the public interest.’

The new draft code added: ‘Cases should be capable of being prosecuted in a way that is consistent with principles of effective case management.

‘For example, in a case involving multiple offenders, prosecutio­n might be reserved for the key participan­ts in order to avoid excessivel­y long and complex proceeding­s.’

The rewritten code – which is under consultati­on until the autumn – will also include new guidance on how the credibilit­y of evidence should be assessed, a ‘streamline­d’ approach to deciding whether a prosecutio­n is in the public interest, and questions for prosecutor­s to consider about the seriousnes­s of the offence, the culpabilit­y of the suspect, and the impact on victims.

Mr Starmer said: ‘Proportion­ality is about ensuring that we and the police are choosing the right cases to prosecute from the start, and doing so in the most effective way.

‘There may be cases – for example where a court might convict a defendant but decide not to record that conviction by giving an absolute discharge – where police officers or prosecutor­s might anticipate that a prosecutio­n is not a proportion­ate way to approach the criminalit­y.’

 ??  ?? Too costly? John Terry was cleared
Too costly? John Terry was cleared

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