Public consultation on the interim guidance on the public interest in prosecuting non-recent cases where a nominal penalty is the likely outcome
This consultation is now closed
This interim legal guidance provides assistance to decision makers on the public interest in prosecuting non-recent cases where a nominal penalty is the likely outcome.
The guidance sets out the circumstances where a non-recent offence may attract only a nominal penalty, and explains the reasons why a prosecution may nevertheless be justified.
The guidance indicates that when deciding whether it is in the public interest to prosecute such cases, prosecutors should consider the questions set out in the Code for Crown Prosecutors, and also the following questions:
- How serious is the non-recent offence committed?
- What is the offender’s culpability in hiding the offending?
- Would a prosecution deliver justice to the victim in view of the likely outcome?
- Is a prosecution required to uphold public confidence in the administration of justice?
The purpose of this consultation is to seek a range of views on this interim guidance..
We welcome your comments by no later than 24 April 2014.
We have identified a number of questions which are outlined at the end of the Consultation Paper on which we would particularly invite comment.
If you are replying by email, we would be grateful if you would not attach any other documents to the guidance document. There are limits on the size of documents that we are able to accept and any completed consultation document which has an attachment runs the risk of not being delivered. If you wish to send an attachment to us, please email us separately at email@example.com.
If you use a special software program to read the Consultation Document and you find that you have difficulty in reading it, please get in touch with the Team, whose contact details are set out in the How to Respond section.
If you would like to return your replies to the questions at the back of the consultation document by post, please download the Interim Guidelines in PDF format.
Alternatively, you can read the Interim Guidelines on this site.
Both written and electronic responses to the consultation are acceptable, although we would prefer electronic replies on the completed pro-forma.
Please be aware that if you complete and return this document by email, you will be responding over the open internet. If you would prefer, please complete and return the PDF version to the postal address given below.
Please include your name, organisation (if applicable), postal address and email address.
Closing date for responses: 24 April 2014
Responses can be sent by post to:
Interim guidance on the public interest in prosecuting non-recent cases where a nominal penalty is the likely outcome
Strategy and Policy Directorate
Crown Prosecution Service
or by email to: firstname.lastname@example.org
The following consultation documents are available in Welsh:
Mae'r dogfennau ymgynghori canlynol ar gael yn Gymraeg:
- Download the consultation document on the Interim guidance on the public interest in prosecuting non-recent cases where a nominal penalty is the likely outcome in Welsh (Adobe PDF document - 203kb)
- Lawrlwythwch y ddogfen ymgynghori ar y Canllawiau dros dro ar les y cyhoedd wrth erlyn achosion nad ydynt yn rhai diweddar os mai cosb nominal yw'r canlyniad tebygol yn Gymraeg (dogfen PDF Adobe - 203kb)
- Download the consultation response document in Welsh (Microsoft Word file - 20.2kb)
- Lawrlwythwch y ddogfen ymateb i'r ymgynghoriad yn Gymraeg (ffeil Microsoft Word - 20.2kb)
If you require a copy of this Consultation Paper in any other format, for example, audio or large print, please contact the postal address above.
We will consider every individual response received. A summary of the consultation responses will be published on the CPS website in accordance with the Government's guidelines.
The information you send us may be passed to colleagues within the CPS, the Government or related agencies.
Furthermore, information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information legislation including the Freedom of Information Act 2000 (FOIA).
If you want the information that you provide to be treated as confidential, please be aware that, under FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could briefly explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not be regarded as binding on the CPS.
Please ensure your response is marked clearly if you wish your response and name to be kept confidential. Confidential responses will be included in any statistical summary of numbers of comments received and views expressed. The CPS will process your personal data in accordance with the Data Protection Act 1998 - in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.
The key Consultation Principles are:
- departments will follow a range of timescales rather than defaulting to a 12-week period, particularly where extensive engagement has occurred before;
- departments will need to give more thought to how they engage with and consult with those who are affected;
- consultation should be 'digital by default', but other forms should be used where these are needed to reach the groups affected by a policy; and
- the principles of the Compact between government and the voluntary and community sector will continue to be respected.
The complete Consultation Principles are available from the Cabinet Office website (opens in new window).