Emergency Services: Crimes of Violence
The question
To ask the Secretary of State for Justice, whether he has held discussions with the Crown Prosecution Service on the evidential and public interest thresholds applied when deciding whether to seek a second or subsequent retrial in cases involving alleged assaults on emergency worker Assaults.
Answered by Sarah Sackman
Assaults on emergency workers are a serious matter. Prosecution decisions are for the independent Crown Prosecution Service (CPS) to consider, and it would be inappropriate for a Minister to discuss this with the CPS. The evidential and public interest tests (termed the ‘two-stage’ test) are set out in the Code for Crown Prosecutors, and consideration of how they are applied is a matter for the Director of Public Prosecutions. Where a jury has been unable to reach a verdict or has been discharged, the prosecution will apply the two-stage test set out in the Code when deciding whether or not to proceed to a retrial. Prosecutors are expected to be fair and objective when making decisions and should only proceed with a prosecution if the two-stage test has been met.
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