POL00122166
POL00122166
From: Hugh Flemington[IMCEAEX-
_O=MMS_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP+20+28FYDIBOHF23SPDLT+29
“CN=RECIPIENTS_CN=HUGH+2EFLEMINGTON14106A9A-9886-403D-BF5B-
£08821F432B3@C72A47 ingest. local]
Sent: Tue 05/03/2013 5:59:39 PM (UTC)
To:
Subject: New Draft Criminal Enforcement & Prosecution Policy EPP
Attachment: POL - Enforcement and Prosecution Policy 040313 HF comments.doc
Redraft attached following our last meeting on it.
Have taken on board comments from John’s team plus those made at the meeting. Some further explanation of
changes below:
1. Deterrence — there was previous reference in the "focussed" section of the EPP but has been amended.
2. Cover criminal activity against POL — the policy does cover any type of criminal activity against POL which it then
decides to prosecute.
3. Can the investigation be handed over to the Police? — This is possible and is discussed in the Internal Protocol. A
couple of additions to this EPP made to also reflect this.
4. Human Rights — in investigating and prosecuting POL is exercising what would generally be considered a public
function. Whilst it may not strictly be required to comply with the Human Rights Act (see previous advice from
Stephen Hocking), previous criticism around the way in which POL is perceived to manage enforcement and
prosecution (and questions in Parliament) has driven this exercise of looking at systems/ procedures and transparency
and Beachcrofts therefore suggest the spirit of Art 6 HRA (i.e. due process/ fair trial) should be followed so as to avoid
future criticism (and indeed prevent CPS terminating a private prosecution as they are entitled to do). In order to
comply with the spirit of the HRA, having a clear and transparent policy and internal protocol is the first step. The next
step is of course following it and of course following other requirements on prosecution such as CPIA disclosure, PACE
etc. These Acts/ Regs are referenced in the EPP.
5. Departure from Policy — Amended in line with discussions.
Any more comments plse or does everyone now agree with this draft?
Kind regards
hugh
Hugh Flemington I Head of Legal
@) 148 Old Street, LONDON, EC1V 9HQ
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hugh. flemingtor}
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