The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
The Crown Prosecution Service is the public prosecutor in the UK. It is led by the Director of Public Prosecutions (DPP), who reports to the Attorney General (AG).
The DPP is a barrister or solicitor of at least ten years' standing, appointed by the AG. The DPP is responsible for carrying out a series of statutory functions, set out in the Prosecution of Offences Act 1985 (POA 1985), albeit they are not the only prosecutor. The act itself empowers private persons to bring prosecutions (see Practice Note: Private Prosecutions). In addition, bodies such as local governments, the Environment Agency, the Health and Safety Executive, the Financial Conduct Authority (FCA) and the Serious Fraud Office, among others, are able to prosecute criminal activity.
The decision to prosecute or to offer an individual an alternative out-of-court disposal is made in accordance with the ‘Code for Crown Prosecutors’ (the Code) and the ‘Director of Public Prosecution's Guidance on Charging: Guidance to Police Officers and Crown Prosecutors issued by the DPP under the Police and Criminal Evidence Act 1984, s 37A’ (the Guidance on Charging). Selection of the appropriate charge(s) is an aspect of the decision-making process. It involves consideration of the Code for Crown Prosecutors, the charging standards for specific offences and current CPS policy on the prosecution of specific types of offences such as
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