WIREDGOV

Introduction of Prosecutor charging

REVENUE & CUSTOMS PROSECUTION OFFICE News Release (07/002) issued by The Government News Network on 2 April 2007

Prosecutor charging will be extended to all cases investigated by HM Revenue and Customs from 3rd April 2007. From this date, Revenue and Customs Prosecutions Office prosecutors will decide what and whether criminal charges should be preferred and against whom. Under traditional arrangements, HMRC investigators have taken these decisions.

The Director of RCPO, David Green QC, said today: "This will bring the relationship between RCPO and HMRC fully into line with that between the Crown Prosecution Service (CPS) and the Police. It is an exciting step forward for RCPO and helps to increase the value that a prosecutor adds to the criminal process. Prosecutor charging will ensure that the best possible case is built at the earliest opportunity. I am grateful for the support and co-operation we have had from staff in HMRC to make the new arrangements a success."

The Attorney General, Lord Goldsmith, said: "The introduction of the charging scheme is a significant step forward for the Revenue and Customs Prosecution Office and in achieving my vision of the modern prosecutor. By advising investigators from the earliest possible stage prosecutors will ensure the right evidence is collected, the strongest case possible is built and the right charge is chosen first time. This means a good deal for the public, as more criminals plead guilty; a good deal for the public, as cases are dealt with speedily; and a good deal for the criminal justice system, as HMRC, prosecutors and courts make best use of their time. The fact that RCPO are able to establish this scheme only two years after its formation is a testament to the hard work and vision of all its staff and I would like to congratulate them on this impressive achievement."

RCPO prosecutors already make the charging decisions in cases of drug importation and money laundering investigated by the Serious and Organised Crime Agency (SOCA) cases. They also provide advice at the earliest stages of large scale, long-term HMRC operations, such as MTIC fraud; these arrangements will stay the same.

However RCPO will now also provide Duty Prosecutors to give charging advice 24 hours a day, 7 days a week throughout the year, on the full range of HMRC cases.

Charging advice will most commonly be sought by officers at ports and airports dealing with the smuggling of drugs or excise goods. RCPO currently prosecutes over 1000 such cases a year. Where cases are not ready for charge, prosecutors will be able to recommend bail, with whatever conditions are considered necessary.

Notes to editors
1. RCPO will provide a 24 hour service, 7 days a week, all year round. Prosecutors will decide whether criminal charges should be preferred, against whom and what those charges should be. Prosecutors on-call outside normal office hours will be provided with a telephone, laptop computer and fax machine to enable them to make charging decisions from home. We will also provide a duty prosecutor service during normal office hours.

2. Full Guidance from the Director on the new arrangements has been published on http://www.rcpo.gov.uk. It takes account of the nature of HMRC's work and unique diversionary powers, such as compounding. Technically, this guidance is issued under S37A of the Police and Criminal Evidence Act 1984, to ACPO Custody Officers. It directs Custody Officers to act in accordance with charging advice given by RCPO prosecutors to HMRC investigators presenting a suspect to the Custody Officer for charge.

3. The Revenue and Customs Prosecutions Office was created by Royal Assent on 18 April 2005. An independent prosecuting authority, RCPO is superintended by the Attorney General. It is responsible for prosecuting some of the largest drug and fraud cases in the UK. The Director is David Green, QC. For further information see http://www.rcpo.gov.uk