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Offenders will be let off if ordeal by trial will be 'too severe for their crimes'
Martin Bentham, Home Affairs Editor19 Oct 2009
Offenders are to escape punishment if prosecutors decide that court action would be too severe for their crimes, under new guidelines published today.
Under the new prosecution rules, offenders will escape sanction in cases where it is deemed that a charge and the court hearing that would follow would not be "proportionate" to the offence they committed.
Under the code, offenders could be let off even when there is sufficient evidence to bring a prosecution and when a charge would be in the public interest.
The reform is one of a number of new measures contained in an updated code for prosecutors drawn by Director of Public Prosecutions Keir Starmer.
Other parts of the code give eight new reasons why it would not be in the public interest to bring charges in particular cases.
They also give further discretion to prosecutors to halt investigations before all evidence has been gathered in exceptional cases.
There are two new public interest factors that would make a prosecution more likely. Under one of these, charges will be more likely if the offence has led to complaints from a community, who either live in the same geographical area or share common "characteristics" or interests.
This is an attempt to ensure that prosecutors respond effectively to problems such as anti-social behaviour which is disturbing local residents.
It could also increase the likelihood of action against whose inflammatory conduct antagonises other groups of people.
The most radical change in the new guidelines is a new edict that a charge must be "proportionate" to the crime committed.
Any decision to allow an offender to escape sanction must be balanced against the seriousness of the crime and the harm it has caused, the code states, but in some cases criminals would be let off under this new provision.
"In certain very limited situations, it is right to take into account whether a prosecution is a proportionate response to the specific offending when deciding the most appropriate course of action," the new guidelines state.
Despite reassurance within the code that the new power will be used only rarely, the prospect of prosecutors deciding not to bring charges when sufficient evidence exists is likely to disturb critics.
They argue that too many offenders are already being kept away from court - mainly through the increased use of cautions and fines. Today's code, which will be subject to consultation before a final version is approved, also contains eight new factors on when it will not be in the public interest to bring charges.
These include cases where the offender will use a court appearance to repeat views which will cause distress to another section of society, and cases in which prosecutors or police have previously promised an offender that a prosecution would not be brought.
