The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Chapter IV
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Traditionally, prosecutors in the UK have had no role at all in relation to sanctions. This has changed a little in recent years.
1. When defendants either plead guilty or are found guilty following a trial the prosecutor presents the facts that relate to the charge(s) on which the defendant was found guilty. This should be done in a neutral, not adversarial, manner.
2. Prosecutors make no reference to the (usually wide) range of sentences that the judge/magistrates can impose.
3. Prosecutors have no role at all in enforcing sanctions. If, for example, the conditions of parole or a community sentence are breached, the decision whether or not to bring the offender back to court is taken by the supervising probation officer.
4. The CPS has one role in relation to sentencing. Towards the end of the 20th century an ‘Attorney General’s reference’ procedure was created. If the CPS, in Crown Court cases only, considers a sentence to be too lenient it may seek review by the Court of Appeal. This procedure is used sparingly, where sentences are considered to be grossly lenient.
5. The only other role, referred to in Chapter II, is in relation to conditional diversion, where the CPS has a role alongside the police. For example, an offender may be given a warning instead of being prosecuted on condition that a restorative justice process, or drug/alcohol treatment be entered into. This was introduced in legislation passed in 2003 and has not yet come into operation.
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Traditionally, prosecutors in the UK have had no role at all in relation to sanctions. This has changed a little in recent years.
1. When defendants either plead guilty or are found guilty following a trial the prosecutor presents the facts that relate to the charge(s) on which the defendant was found guilty. This should be done in a neutral, not adversarial, manner.
2. Prosecutors make no reference to the (usually wide) range of sentences that the judge/magistrates can impose.
3. Prosecutors have no role at all in enforcing sanctions. If, for example, the conditions of parole or a community sentence are breached, the decision whether or not to bring the offender back to court is taken by the supervising probation officer.
4. The CPS has one role in relation to sentencing. Towards the end of the 20th century an ‘Attorney General’s reference’ procedure was created. If the CPS, in Crown Court cases only, considers a sentence to be too lenient it may seek review by the Court of Appeal. This procedure is used sparingly, where sentences are considered to be grossly lenient.
5. The only other role, referred to in Chapter II, is in relation to conditional diversion, where the CPS has a role alongside the police. For example, an offender may be given a warning instead of being prosecuted on condition that a restorative justice process, or drug/alcohol treatment be entered into. This was introduced in legislation passed in 2003 and has not yet come into operation.
