Crown Prosecution Service
The CPS is a national service delivered locally
through 42 CPS areas. There are already guidelines in place that deal
with situations in which areas must refer issues to Casework
Directorate at CPS HQ.
Prosecutors are encouraged to contact Eurojust and
the UK Liaison Magistrates (based in Paris, Rome, Madrid and
Washington), directly in relation to specific cases. The issue of
direct transmission between prosecutors from different jurisdictions
is also very much encouraged by CPS in the area of Mutual Legal
Assistance. There is an ongoing review in relation to this particular
issue.
The CPS are the pivotal players where a prosecution
is concerned. This is particularly relevant in view of the fact that
the Police Reform Act 2002, which came into effect on 1 October 2002,
now allows for the setting up of international teams to investigate EU
transnational crime. These Joint Investigation Teams (JITs) can be
established by the competent authorities of two or more member states.
It is anticipated that Eurojust will be playing an increasingly
important co-ordinating role in the formation of these joint
investigation teams and matters of mutual legal assistance generally.
The European &
International Division of the CPS is at present running a training
course for a Specialist Cadre of Prosecutors - two prosecutors and two
caseworkers from each CPS area. The aim of the training is:
(a)
to enhance and develop the ability for prosecution teams within
the CPS to meet the new domestic, European & International crime
challenges,
(b)
to provide practical "know-how" to lawyers and caseworkers to
enable them to tackle such cases as and when the need arises, and
(c)
to impart sufficient understanding of the law and procedure to
ensure that once trained, delegates will be in a position to advise
colleagues on serious and cross border crime issues where
appropriate.
These specially trained prosecutors and caseworkers
will be ideally placed to contribute on a multi-agency basis to local
initiatives.
CPS has a role in providing police with pre-charge
advice. Charging pilots are taking place at the moment, with a view to
the CPS prosecutors providing such pre-charge advice to the police.
CPS are responsible for making application for
special measures for vulnerable or intimidated witnesses, as per the
Youth Justice and Criminal Evidence Act 1999.
Clearly it is important that there should be general
training for all prosecutors, particularly in the area of Public
Interest Immunity and Disclosure issues generally. This is an ongoing
commitment by CPS to training.
For more on Eurojust see:
www.europa.eu.int/comm/justice_home/news/laecken_council/en/eurojust_en.htm
CPS website:
www.cps.gov.uk
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