Engaging with Parliamentarians as victims of crime

When Parliamentarians – used here as a term for MPs in the House of Commons, Peers in the House of Lords and Members of the Welsh Assembly – become the victims of crime because of the role they carry out, it threatens democracy. It jeopardises participation, whether engagement with the electorate, willingness to stand for elected office and the discharge of national political office in general. The Crown Prosecution Service has an important role in ensuring Parliamentarians as victims of crime have a clear understanding of the criminal process and our decision-making.

This guide applies in all cases in which a Parliamentarian is a victim of crime and the offending was connected to the role they carry out. However, nothing in this guide precludes a Chief Crown Prosecutor (CCP) from offering a meeting or communicating with a Parliamentarian in other circumstances. Nor does it preclude a CCP from offering a meeting or communicating with other candidates for, or holders of, elected office.

In most cases, it will be clear as to whether the criminal offence is connected to the Parliamentarian’s public role. However, a broad and common-sense approach will be taken to this assessment.

Where a parliamentarian is the victim of crime in connection with their public role, the CPS will take the following approach to decision-making and communications:

Decision-making

A CCP should personally:

• approve the charging decision (charge, no further action or out of court disposal), and any decision to substantially alter or stop any or all charges
• ensure the letter conveying that decision is sent in their name.

Communications

There are different communications which should take place with a Parliamentarian during the course of the case.

CPS decision not to charge

A CCP will approve a letter, coming from them personally, to the Parliamentarian to explain the decision. The letter will offer a meeting to discuss the decision.

Meetings should be offered in accordance with the victim’s preference as far as possible and can take place via a telephone call, online or face to face.

The communication of this decision will take place after the defendant has been notified of the decision.

CPS decision to charge

A CCP will approve a letter, coming from them personally, to a Parliamentarian to set out a decision to authorise charges against the defendant.

This communication does not replace police communication. The police will continue to inform the victim about charging decision, as per their obligations in the Victims’ Code.

The communication of this decision will take place after the defendant has been notified of the decision.

Other CPS decision outcomes

In the following circumstances:

• CPS decision to discontinue or withdraw a charge and proceed on another
• CPS decision to offer no evidence in all proceedings
• CPS decision to substantially alter a charge
• CPS decision to leave a charge in the proceedings to "lie on file"
• CPS decision that the suspect should be cautioned, conditionally cautioned or to agree a bind over for the defendant in place of a criminal conviction

the CCP will approve a letter to a Parliamentarian, coming from them personally, which is to be sent to them within 1 working day, explaining the CPS decision.  The letter will offer a meeting to discuss the decision.

Meetings should be offered in accordance with the victim’s preference as far as possible and can take place via a telephone call, online or face to face. As per the CPS Victim Communication and Liaison (VCL) Scheme Guidance, a meeting should not normally be held until the case has been concluded, unless the view is taken that the circumstances mean that a meeting ought to be held during the currency of the case.