Director of Public Prosecutions

Director of Public Prosecutions
Post	Director of Public Prosecutions
Department	Crown Prosecution Service
Incumbent	Max Hill KC
Incumbentsince	1 November 2021
Appointer	Attorney General for England and Wales
Termlength	At His Majesty's Pleasure

Director of Public Prosecutions. The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS) in England and Wales, serving as the principal public prosecutor for criminal cases. Appointed by the Attorney General for England and Wales, the DPP holds operational independence in making prosecution decisions under the framework established by the Prosecution of Offences Act 1985. The office is a cornerstone of the criminal justice system, ensuring that the Code for Crown Prosecutors is applied consistently and that prosecutions are conducted fairly in the public interest.

Role and responsibilities

The DPP provides leadership to the Crown Prosecution Service, setting its strategic direction and upholding the principles of the Code for Crown Prosecutors. Core duties include authorizing the prosecution of serious or complex cases, such as those involving murder, terrorism, or corruption, and issuing legal guidance to CPS prosecutors nationwide. The Director oversees decisions on charging in all but minor cases, often consulting with agencies like the Metropolitan Police Service or the National Crime Agency. Furthermore, the DPP represents the prosecution service in key appeals before the Court of Appeal and the Supreme Court of the United Kingdom, and may provide advice to the Attorney General for England and Wales on matters of criminal law.

Appointment and tenure

The Director of Public Prosecutions is appointed by the Attorney General for England and Wales following an open competition regulated by the Civil Service Commission. By convention, the appointee is a senior barrister or solicitor, with recent holders including Sir David Calvert-Smith and Alison Saunders. The term is not fixed but is typically for a period of five years, serving "at His Majesty's Pleasure." The DPP can be removed by the Attorney General for England and Wales for misconduct or incapacity, though such action is extremely rare, safeguarding the office's operational independence from direct government influence.

Historical development

The office was formally created in 1879 under the Prosecution of Offences Act 1879, with Sir John Maule serving as the first Director, centralizing prosecution functions previously left to local authorities and the police. Its powers and profile remained limited until a series of reforms, notably following the Fisher report into the Confait case, which highlighted systemic issues. The pivotal Prosecution of Offences Act 1985, spurred by the Phillipson Report, established the modern Crown Prosecution Service with the DPP at its helm, formally separating the prosecution function from police investigation. This act fundamentally reshaped the criminal justice system in England and Wales.

Relationship with other legal bodies

The DPP operates within a framework of accountability to the Attorney General for England and Wales, who answers to Parliament for the CPS's performance. The Director works closely with investigative bodies like the Metropolitan Police Service, the National Crime Agency, and His Majesty's Revenue and Customs, but maintains independent charging decisions. The office also interacts with the Judiciary of England and Wales, particularly the Lord Chief Justice of England and Wales, on procedural matters and coordinates with counterparts in the Public Prosecution Service for Northern Ireland and the Crown Office and Procurator Fiscal Service in Scotland.

Notable cases and controversies

The DPP's decisions have often been at the center of major legal and public debates. Under Sir Thomas Hetherington, the office prosecuted figures in the Guildford Four and Birmingham Six cases, which later became infamous miscarriages of justice. Director Keir Starmer issued landmark guidelines on prosecuting cases involving assisted suicide, following the precedent of the House of Lords decision in R (Purdy) v Director of Public Prosecutions. More recently, decisions under Alison Saunders regarding historical sexual offence cases and the prosecution of individuals involved in the 2011 England riots attracted significant scrutiny from the media and Parliamentary committees.

International comparisons

Similar prosecutorial leadership roles exist in other common law jurisdictions, though with varying structures. In Australia, the Commonwealth Director of Public Prosecutions operates under the Director of Public Prosecutions Act 1983, while in Canada, the Director of Public Prosecutions is an independent officer established by the Director of Public Prosecutions Act. The Republic of Ireland has an independent Director of Public Prosecutions created by the Prosecution of Offences Act 1974. Contrasts are evident with systems like the United States Department of Justice, led by the politically appointed United States Attorney General, and the Procurator Fiscal system in Scotland.

Category:British prosecutors Category:Law of England and Wales Category:Prosecution services