NCJ Number
57330
Journal
Police Review Volume: 87 Dated: (MARCH 23, 1979) Pages: 456-460
Date Published
1979
Length
5 pages
Annotation
THE RIGHT OF THE BRITISH POLICE TO PROSECUTE HAS BEEN A CONTENTIOUS SUBJECT. THIS RIGHT IS DEFENDED AND A LIST OF GUIDELINES TO PREVENT ABUSE ARE SUGGESTED; IT IS MAINTAINED THAT POLICE FOLLOW THESE GUIDELINES ALREADY.
Abstract
AS EARLY AS 1962, REPRESENTATIVES OF VARIOUS GROUPS ASKED THE ROYAL COMMISSION ON THE POLICE TO STRIP OFFICERS IN ENGLAND AND WALES OF THEIR DISCRETION TO PROSECUTE. MANY HAVE URGED ADOPTION OF THE SCOTTISH SYSTEM, WHICH HAS PUBLISHED GUIDELINES STIPULATING THAT THE ACTUAL PROSECUTION MUST BE CONDUCTED BY AN INDEPENDENT BODY SIMILAR TO THE PROCURATOR FISCAL SYSTEM. THE ENGLISH SYSTEM IS THE ONLY ONE IN EUROPE WHICH PUTS THE WHOLE PROCESS OF INVESTIGATION, INTERROGATION, AND PROSECUTION ENTIRELY UNDER CONTROL OF THE POLICE, SUBJECT TO A LIMITED NUMBER OF EXCEPTIONS. EACH CRITICISM OF THIS POWER IS ANSWERED POINT BY POINT. PROSECUTIONS DO NOT VARY BY DISTRICT. THEY ARE NOT CAPRICIOUS. THEY ARE NOT BROUGHT WHEN THE POLICE SUSPECT THE REPORT HAS BEEN INSPIRED BY MALICE OR ILL WILL. SUFFICIENT EVIDENCE IS REQUIRED BEFORE PROSECUTION IS BROUGHT. A WIDE VARIETY OF CIRCUMSTANCES ARE CONSIDERED BEFORE PROSECUTION AND OFTEN WARNINGS RATHER THAN PROSECUTION ARE USED. IT IS POINTED OUT THAT IN SCOTLAND, VERY FEW POLICE CAUTIONS ARE GIVEN. THIS MAY BE INDICATIVE OF THE FACT THAT PUBLIC OFFICIALS SEE ONLY BLACK AND WHITE, WHILE THE POLICE, WHO MUST DEAL WITH THE RANGE OF HUMANITY ARE AWARE OF THE VARIETY OF CIRCUMSTANCES IN BETWEEN. IT IS CALLED SIGNIFICANT THAT THE GENERAL PUBLIC DOES NOT COMPLAIN ABOUT POLICE PROSECUTION, ONLY GROUPS OF LAWYERS AND OTHERS WITH SPECIAL INTERESTS. (GLR)