Programmer Faces Terror Charge:
Pete Chown
1 at 234.cx
Tue, 24 Sep 2002 21:27:14 +0100
David Hansen wrote:
> > ... consent of the Director of Public Prosecutions is required ...
> Feel free to correct me, but is that the case in England with all
> criminal cases?
No. Some offences require the consent of the DPP, and some the
Attorney-General. Most don't require anyone's specific consent, so the
CPS can launch proceedings on its own. Alternatively you can go into a
Magistrates' Court and do it yourself.
Usually the offences which require the DPP or A-G's consent are ones
which are political in nature. For example, it is an offence to incite
racial hatred, but a prosecution requires the A-G's consent. I suspect
there are two reasons for this. Firstly, the offence involves a complex
balancing act between freedom of speech and freedom from discrimination.
Secondly, a prosecution may be undesirable as it could give the racist
more of the "oxygen of publicity".
Both of these issues could cause a problem if a private prosecution
could be started at a Magistrates' Court.
--
Pete