POL00030685 - Royal mail Group Prosecution Policy, v3.0, April 2011 - Rob Wilson (Head of Criminal Law Team)

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Royal Mail

Royal Mail Internal Information

Version 3.0

April 2011

Rob Wilson
Head of Criminal Law Team

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Contents

Glossary...
Purpose.
Link to accountabilities
Scope of Policy.
Criminal Investigatio
Prosecutorial Decisions...
Test for Prosecution and Public
Interest...

Links to Other Reference material.

Document Details.

Change Control

POL00030685
POL00030685

Rob Wilson

Rob Wilson

April 2011

Distribution List

Security Intranet Site

April 2011

Documentation History

3

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Ton Bo

0 April 2011
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Oct Oct I Apr

_ __Summary of Change
Reviewed previous version and moved to standard
policy template

Glossary

Document Summary

The latest issue of this document can be found on the Security
Intranet Site, if you have any queries please contact:

Rob Wilson

Head of Criminal Law Team
3*4 Floor

6a Eccleston Street
LONDON

swiW 9LT

Std:

External Email: rob.g.wilson} GRO ' Notes Name: Rob G
Wilson ~ “

© Royal Mail 2011 ~ Prosecution Po:

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1. Purpose

1.1. The Royal Mail Group Prosecution Policy;

1.1.1. Supports Royal Mail’s Code of Business Standards
and Crime and Investigation Policy in prosecuting, in
all circumstances in which prosecution is appropriate,
those who have been investigated and are believed to
have stolen postal packets, property belonging to Royal
Mail, or to have defrauded Royal Mail.

1.1.2. Recognises the importance of the integrity of the
mail and accordingly will consider prosecuting offenders
who are believed to have interfered with postal packets
(s83 of the Postal Services Act 2000).

1.1.3. Applies equally to employees at every level,
whether front-line, management or executive, and to non-
employees equally, whether contractors, customers or
having no formal relationship with Royal Mail.

2. Link to Accountabilities

Accountability number: 600 Policy and

3. Scope of Policy
3.1. This policy applies to criminal conduct only.

3.2. This policy applies to anyone who is suspected of committing a crime
as outlined in paragraph 1 above.

4. Criminal Investigation

4.1. Prosecution will normally follow a criminal investigation, conducted
by members of Royal Mail Group Security and other law enforcement
bodies such as the Police, with a view to ascertaining whether a

person;
4.1.1. Should be charged with a criminal offence; or
4.1.2. If charged with an offence is guilty of it.

4.2. For further details see the Royal Mail Crime and Investigation Policy

5. Prosecutorial Decisions

5.1. The decision to prosecute Royal Mail investigations in England and
Wales will be reached in agreement between the Human Resources
Director for the affected business unit or his or her nominated
representative, the nominated representative from the investigation
team and the lawyer advising.

5.2. In England and Wales Royal Mail cases reported by the Police will be

sent to the Crown Prosecution Service (CPS). The CPS will make the
prosecution decision.

© Royal Mail 2011 ~ Prosecution Policy Version 3.0 - Page 4 of 5
6.

7.

8.

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.3. In Scotland the Procurator Fiscal’s office will make all prosecution

decisions on Royal Mail investigations.

+4, In Northern Ireland the office of the Director of the Public

Prosecution Service will make all prosecution decisions on Royal Mail
investigations.

-5. It is a requirement of the Royal Mail Group Conduct Code, fully

outlined in paragraph 8.3 of the Royal Mail Group Crime and
Investigation Policy that in reaching decisions on conduct code
actions the Human Resources Director or his or her representative
must liaise with those handling any criminal investigation or
prosecution. In the event of any disagreement with prosecution
advice in England and Wales, or inconsistency between prosecution and
conduct decisions anywhere in the United Kingdom, the Head of the
Criminal Law Team and the Head of the Investigation Team will
consider the case and provide guidance and advice to ensure that
Royal Mail maintains a consistent prosecution policy

Test for Prosecution and Public Interest

6.1. The decision to prosecute will be reached by applying the general

principles and guidance offered by ‘The Code for Crown Prosecutors’,
in particular ‘The Full Code Test’.

-2. ‘The Full Code Test’ will be applied and adhered to before commencing

a criminal prosecution. The ‘Test’ has two stages. If the evidence
passes the evidential stage, the Prosecutor must proceed to the
second stage and decide if a prosecution is needed in the public
interest. A prosecution will be required if it is in the public
interest to do so.

.3. Where a criminal investigation identifies an employee’s behaviour

that falls short of requiring a criminal prosecution the employee
will normally be subject to the conduct code process.

Links to Other Reference Material

>>Royal Mail Group Code of Business Standards

>>Royal Mail Crime and Investigation Polic

Document Details

1. Owner: Company Secretary
2. Enquiry point: Rob Wilson, Head of Criminal Law Team
3. Effective from: Current
4.
5
6

Version: 3.0

. Review date: April 2011

Last reviewed: October 2010

© Royal Mail 2011 - Prosecution Policy Version 3.0 - Page 5 of 5