Written question asked by John Hemming (Liberal Democrat) on Thursday, 9 June 2005, in the House of Commons. It was due for an answer on Monday, 13 June 2005. It was answered by Mike O'Brien (Labour) on Monday, 27 June 2005 on behalf of the Solicitor General.

Muggers (Prosecutions)

Question: To ask the Solicitor-General pursuant to the answer of 7 June 2005, Official Report, column 456W, on theft, what powers the police have to ensure that a mugger is prosecuted.

Answer: The decision whether to initiate a prosecution of a case in the courts may be taken either by the police or by the Crown Prosecution Service (CPS). How the procedure to initiate proceedings operates depends on the nature of the offence and, currently, where an offence was committed. When the roll-out of statutory charging is completed (planned for April 2006), a standard procedure will apply throughout England and Wales.In an area where statutory charging applies, the Director of Public Prosecutions' (DPP) Guidance (under the Police and Criminal Evidence Act 1984, as amended) allows police officers themselves to charge a range of offences but not robbery.The CPS would usually deal with robbery offences. The public interest would almost always demand a prosecution in such cases. In strictly limited circumstances, a case that is cautioned may subsequently be prosecuted, though the parameters have been very tightly defined by the courts.

Secondary information

Type: Written question
Reference: 4183; 435 c1181-2W;435 c1185-6W
Session: 2005-06
Related items: Theft
Tuesday, 7 June 2005
Written questions
House of Commons
Subjects: Crimes against the person Prosecutions Young people Mugging