REVENUE & CUSTOMS
PROSECUTION OFFICE News Release (07/002) issued by The Government
News Network on 2 April 2007
Prosecutor
charging will be extended to all cases investigated by HM Revenue
and Customs from 3rd April 2007. From this date, Revenue and
Customs Prosecutions Office prosecutors will decide what and
whether criminal charges should be preferred and against whom.
Under traditional arrangements, HMRC investigators have taken
these decisions.
The Director of RCPO, David Green QC, said today: "This will
bring the relationship between RCPO and HMRC fully into line with
that between the Crown Prosecution Service (CPS) and the Police.
It is an exciting step forward for RCPO and helps to increase the
value that a prosecutor adds to the criminal process. Prosecutor
charging will ensure that the best possible case is built at the
earliest opportunity. I am grateful for the support and
co-operation we have had from staff in HMRC to make the new
arrangements a success."
The Attorney General, Lord Goldsmith, said: "The
introduction of the charging scheme is a significant step forward
for the Revenue and Customs Prosecution Office and in achieving my
vision of the modern prosecutor. By advising investigators from
the earliest possible stage prosecutors will ensure the right
evidence is collected, the strongest case possible is built and
the right charge is chosen first time. This means a good deal for
the public, as more criminals plead guilty; a good deal for the
public, as cases are dealt with speedily; and a good deal for the
criminal justice system, as HMRC, prosecutors and courts make best
use of their time. The fact that RCPO are able to establish this
scheme only two years after its formation is a testament to the
hard work and vision of all its staff and I would like to
congratulate them on this impressive achievement."
RCPO prosecutors already make the charging decisions in cases of
drug importation and money laundering investigated by the Serious
and Organised Crime Agency (SOCA) cases. They also provide advice
at the earliest stages of large scale, long-term HMRC operations,
such as MTIC fraud; these arrangements will stay the same.
However RCPO will now also provide Duty Prosecutors to give
charging advice 24 hours a day, 7 days a week throughout the year,
on the full range of HMRC cases.
Charging advice will most commonly be sought by officers at ports
and airports dealing with the smuggling of drugs or excise goods.
RCPO currently prosecutes over 1000 such cases a year. Where cases
are not ready for charge, prosecutors will be able to recommend
bail, with whatever conditions are considered necessary.
Notes to editors
1. RCPO will provide a 24 hour service, 7
days a week, all year round. Prosecutors will decide whether
criminal charges should be preferred, against whom and what those
charges should be. Prosecutors on-call outside normal office
hours will be provided with a telephone, laptop computer and fax
machine to enable them to make charging decisions from home. We
will also provide a duty prosecutor service during normal office hours.
2. Full Guidance from the Director on the new arrangements has
been published on http://www.rcpo.gov.uk. It takes
account of the nature of HMRC's work and unique diversionary
powers, such as compounding. Technically, this guidance is issued
under S37A of the Police and Criminal Evidence Act 1984, to ACPO
Custody Officers. It directs Custody Officers to act in accordance
with charging advice given by RCPO prosecutors to HMRC
investigators presenting a suspect to the Custody Officer for charge.
3. The Revenue and Customs Prosecutions Office was created by
Royal Assent on 18 April 2005. An independent prosecuting
authority, RCPO is superintended by the Attorney General. It is
responsible for prosecuting some of the largest drug and fraud
cases in the UK. The Director is David Green, QC. For further
information see http://www.rcpo.gov.uk