POL00031011
POL00031011
Royal Mail Group Prosecution Policy
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
2.1. Accountability number: 800 Policy and frameworks for security within Royal Mail,
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.
4.1, 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
5.1. 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
5.3. In Scotland the Procurator Fiscal's office will make all prosecution decisions on Royal Mail investigations.
5.4. In Northern Ireland the office of the Director of the Public Prosecution Service will make all prosecution decisions on Royal
Mail investigations.
5.5. Itis a requirement of the Royal Mail Group Conduct Code, fully outtined 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
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.
6.2 ‘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 itis in the public interest to do so.
6.3 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.
POLO0031011
POL00031011
22Royal Mail Group Code of Business Standards
2>Policy Royal Mail Crime and Investigation Policy
Owner: Company Secretary
. Enquiry point: Rob G Wilson, Head of Criminal Law Team
Effective from: Current
1.
2
3.
4. Version: 2.1
5. Review date: October 2010
6
Last reviewed: October 2009