NCJ Number
91904
Date Published
1980
Length
84 pages
Annotation
This study assessed the changes in organization and resources involved in changing from the existing system where most British police forces have a prosecuting solicitor's department (PSD) to three options outlined by the Royal Commission on Criminal Procedure.
Abstract
Sources of information were questionnaires sent by the Royal Commission to police forces and prosecuting solicitors' departments; visits to seven police forces including the Metropolitan Police; and discussions with the Director of Public Prosecutions, Home Office, and the Director of Public Prosecutions for Northern Ireland. In Option A, the prosecuting solicitor's department would prosecute all cases which come to court, the chief constable would retain the responsibility of deciding which cases to prosecute, but the chief prosecuting solicitors would have a veto on legal grounds. Option B calls for establishing departments with authority to decide whether to continue a case on legal or policy grounds and who conduct prosecutions for several police forces. Option C would establish a National Prosecuting Agency having responsibilities similar to those of the area agencies. Each option would require approximately the same doubling in the number of solicitors currently employed in the PSD. Introducing Option A would be a natural transition step to either Option B or C. Arrangements could be made so that Option A would achieve the following objectives at least as well as as the other options: separation of investigation and prosecution and consistency in prosecution policy and processes. Under all options, the total costs associated with prosecution advocacy would be about all the same as at present. However, total expenditures on police plus prosecutors would increase substantially if the police time released from advocacy duties was made available to general police duties. Tables, graphs, and the statistical bases for various estimates are included.