POL00030598 - Royal Mail Prosecution Decision Procedure

Evidence on official site

POL00030598
POL00030598

CONFIDENTIAL
ROYAL MAIL SECURITY - PROCEDURES & STANDARDS

P&S Doc. V2 Jan

ROYAL MAIL PROSECUTION DECISION PROCEDURE "1

1, PURPOSE

The aim of this document is describe the process for making a decision on whether to prosecute Royal Mail and
agency employees who have been subject to criminal investigation by Royal Mail Group Ltd Investigators.

2. CONTENTS

Section 3 Prosecution Policy
Section 4 Standards
Section 5 Procedures

3. PROSECUTION POLICY

3.1. Prosecution Policy. Royal Mail Group Ltd Criminal Investigation and Prosecution Policy states at
paragraph 3.1.6: “Sanctions for criminal behaviour will be effective, proportionate and aimed to deter. This
policy supports the Code of Business Standards in normally prosecuting those who commit theft or fraud
and where appropriate offences against the Postal Services Act 2000 Sections 83 & 84”. (Intentional delay
and opening postal packets).

3.2 Advice From the Criminal Law Team. Royal Mail Group Ltd Criminal Investigation and Prosecution
Policy states at paragraph 3.2.9: “Suspect offenders will be prosecuted where there is sufficient evidence
and it is in the wider public interest in accordance with the Code for Crown Prosecutors. Decisions to
prosecute in non-Crown Prosecution Services cases will be taken by nominated representatives in the
business with consideration to the advice provided by Royal Mail Criminal Lawyers”.

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4. STANDARDS

4.1 The general standard is to prosecute those whose suspected offences significantly damage the public
interest. Compliance with the Code for Crown Prosecutors will ensure that inappropriate prosecutions are
not pursued. As such each case will be judged on its own merits.

4.2 Criminal investigations will be conducted in accordance with the procedures and standards required by
courts to prosecute people.

4.3. The Royal Mail Criminal Law Team will be familiar with both the evidential and the public interest tests in
the Code for Crown Prosecutors and advise accordingly.

4.4 The Regional Human Resources Director, or in Post Office Ltd cases the Senior Security Manager,
Security Operations and in Parcelforce Worldwide the Head of HR Operations, will act as the “Decision
Maker” in authorising prosecutions or not. All Decision Makers will be familiar with the evidential and the
public interest tests of the Code for Crown Prosecutors and make decisions accordingly.

4.5 The evidential test is detailed on pages 7 to 9 of the code and the public interest test is detailed on
pages 10 to 15. The Code for Crown Prosecutors is embedded in this document below;

ie.

Guide to Crown
Prosecutors Feb 10

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Document Title: Prosecution Procedures
P&S Doc. Ref.: 9.2 Version 2

Date: Jan 2011

‘Owner: Ray Pratt Head of Investigation Policy & Standards

CONFIDENTIAL
POL00030598
POL00030598

CONFIDENTIAL
ROYAL MAIL SECURITY - PROCEDURES & STANDARDS

5. PROCEDURES

51 The Prosecution Support Office (in Post Office Ltd cases read the Casework Management Team) will
forward the criminal investigation case papers to the Criminal Law Team. A Criminal Lawyer will advise
whether the case papers meet the evidential test for prosecution and provide advice on the most
appropriate action to be taken. The case papers will then be returned to the Prosecution Support Office,
(PSO).

5.2 I The PSO will forward the relevant case papers to the appropriate Decision Maker for a decision on whether
itis in the public interest to initiate a prosecution, issue a Simple Caution or take no further action.

5.3 The Decision Maker will consult the Code for Crown Prosecutors to determine the public interest test in the
light of the specific case circumstances and communicate the outcome in written form to the PSO.

5.4 If the PSO do not receive a written decision within 5 working days then they will again contact the Decision
Maker by email. This email will inform the Decision Maker that if they do not receive a written decision
within a further period of 5 working days then the PSO will proceed as advised by the Criminal Law Team.

5.5 The PSO will initiate any relevant legal proceedings or instruct Investigators to issue a Simple Caution or
take no further action. The PSO will be responsible for managing the casework process.

Back to Contents

Document Title: Prosecution Procedures
P&S Doc. Ref.: 9.2 Version 2

Date: Jan 2011

‘Owner: Ray Pratt Head of Investigation Policy & Standards

CONFIDENTIAL