Statement Of Ethical Principles For Crown Prosecution Service Designated Caseworkers

This statement applies to all caseworkers designated by the Director of Public Prosecutions under section 53 Crime and Disorder Act 1998. Caseworkers so designated will have the powers and rights of audience set out in the formal designation. Those powers and rights of audience are subject to the limitations under section 7(A)(6) of the Prosecution of Offences Act 1985 and may only be exercised in accordance with instructions issued by the Director of Public Prosecution under section 7A(4) of the Act.

The statement sets out the position of designated caseworkers as civil servants and Crown Prosecution Service employees.

2 The Designated Caseworker as a Civil Servant

Designated caseworkers are civil servants, and are therefore bound by the Civil Service Code. The Civil Service Code sets out the constitutional framework within which civil servants work and governs the responsibilities of civil servants.

The duty to comply with the law and to uphold the administration of justice is expressly reaffirmed in the Civil Service Code. When carrying out their responsibilities, designated caseworkers will be expected to have regard to the same professional standards as those which apply to Crown Prosecutors. In particular, they will be subject to the same duties to the court and to others with whom they will have dealings, and must uphold the same standards of honour and ethics as Crown Prosecutors.

As civil servants, designated caseworkers owe their loyalty to the duly constituted Government and are accountable to the Director of Public Prosecutions.

3 The Designated Caseworker as a Crown Prosecution Service Employee

Designated caseworkers are employees of an independent prosecution authority and must perform their role fairly and impartially. Their line manager or Crown Prosecutor approved by the line manager will supervise them in accordance with the Guidance to CPS Areas Concerning Deployment and Supervision of Designated Caseworkers.

A Designated caseworker must review and present cases before the magistrates' court in accordance with the DPP's General Instructions to CPS Designated Caseworkers.

When appearing as an advocate, a designated caseworker must conduct prosecutions fairly in accordance with the common law duty of any prosecutor (see R v Banks [1916] 2 KB 621).

A designated caseworker must comply with the principles of the Code for Crown Prosecutors issued by the Director of Public Prosecutions. The duties imposed by the Code for Crown Prosecutors include ensuring that cases are conducted fairly, independently, objectively and effectively; that there is a realistic prospect of conviction; and that it is in the public interest to prosecute the case.

4 Responsibility to the court and to other advocates

4.1 When conducting proceedings before a magistrates' court, a designated caseworker is personally responsible for the conduct and presentation of the case and;

1. should assist the court in the administration of justice and not deliberately, knowingly or recklessly mislead the court;
2. should ensure that the court is informed of all relevant decisions and legislative provisions of which the designated caseworker is aware whether the effect is favourable or unfavourable towards the prosecution case;
3. should avoid, if possible, the naming in open court of third parties whose characters would thereby be impugned;
4. should not assert a personal opinion on the facts or the law unless invited by the court;
5. should not do anything likely to diminish public confidence in the administration of justice or otherwise bring it into disrepute; and
6. should not engage in conduct which is dishonest or otherwise discreditable to another advocate.

4.2 Where there is a procedural irregularity or a sentencing anomaly, the designated caseworker has a responsibility to draw the matter to the attention of the court during the hearing.

5 Grievance Procedure

5.1 The management structure, lines of accountability and organisation of work in the Crown Prosecution Service safeguard and promote these characteristics of designated caseworkers. If a designated caseworker believes that it is appropriate to report a matter covered in paragraph 11 of the Civil Service Code, they should follow the procedures set out in the Crown Prosecution Service's Personnel Management Manual.

Revised December 2005