POL00031034 - Post Office Prosecution Policy V1

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Post Office Prosecution Policy

Version 1.0

Effective From: 1 April 2012

Review of this policy due: 1 April 2013

Owner: Jarnail Singh, Post Office Legal
1, Purpose
11. The Post Office Prosecution Policy:

1.1.1. Supports Post Office’s related crime and investigation policies in prosecuting, in all
circumstances in which prosecution is appropriate, those who have been investigated
and are believed to have stolen property from Post Office or to have defrauded Post ~
Office.

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 Post Office.

2. Scope of Policy

2.1. This policy applies to criminal conduct only.

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

3. Criminal Investigation

3.4. Prosecution will normally follow a criminal investigation, conducted by members of Post
Office Security and other law enforcement bodies such as the Police, with a view to
ascertaining whether a person:

3.1.1. Should be charged with a criminal offence; or

3.1.2. If charged with an offence is guilty of it.

Prosecutorial Decisions

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4.1. England & Wales: The decision to prosecute Post Office investigations in England and
Wales wiil be made by the Post Office Head of Security taking advice from Post Office
Legal and HR as appropriate and relevant.

4.2. Scotland: In Scotland the Procurator Fiscal’s office will make all prosecution decisions
on Post Office investigations.

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4.3.

4.4.

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Northern Ireland: In Northern Ireland the office of the Director of the Public
Prosecution Service will make all prosecution decisions on Post Office investigations.

In the event of any issue or disagreement arising in relation to any investigations or
prosecutions, the matter will be referred to the Director of HR & Corporate Services who
will consider the case and provide guidance and advice to ensure that Post Office
maintains a consistent prosecution policy.

5. Test for Prosecution and Public Interest

5.4,

5.2.

5.3.

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’.

‘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.

Where a criminal investigation identifies an ernployee’s behaviour that falls short of
requiring a criminal prosecution the employee will normally be subject to the relevant
HR processes,