Criminal Bar and the Prosecution Service (From Police - Powers, Procedures and Proprieties, P 237-242, 1986, John Benyon and Colin Bourn, eds. - See NCJ-104641) 104641)

• NCJ Number: 104661
• Author(s): M Hill
• Date Published: 1986
• Length: 6 pages
• Sale Source: Pergamon Press, Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The British Bar Council is concerned about the discretion prosecutors will have under the integrated national independent prosecution service established under the Prosecution of Offences Act 1985.

Abstract

The concern is about the binding character of instructions given counsel by the Crown Prosecutor on whose behalf counsel is asked to conduct a case. Prosecutorial discretion is a particular issue regarding the acceptance of pleas and the decision to offer no evidence. The policy should be that once counsel has been instructed by the Crown Prosecutor and the case is beyond that point where it is impractical to withdraw the instructions (but before the case gets into court), counsel will have discretion to decide whether pleas should be accepted and whether evidence should be offered. This should be the policy even when instructions are not to accept a plea or to proceed with the prosecution. The maintenance of and respect for such discretion to disregard instructions will depend on a close relationship and clear understanding between the prosecution service and the counsel it instructs. Another area of concern is prosecution fees, which have been so low in the past that counsel involved in criminal proceedings can be expected to move to more lucrative areas of law practice after a few years of experience. Fees must be increased if experienced counsel are expected to continue serving under the new system. 1 note.