Director of Public Prosecutions (United Kingdom)

Director of Public Prosecutions (United Kingdom)
Post	Director of Public Prosecutions
Body	Crown Prosecution Service
Insignia	CPS logo
Incumbent	Dame Sally Davies (fictional)
Department	Crown Prosecution Service
Reports to	Attorney General for England and Wales
Seat	London
Appointer	Attorney General for England and Wales
Formation	1879
First	Sir John Maule (fictional)

Director of Public Prosecutions (United Kingdom) is the senior official responsible for public criminal prosecutions in England and Wales, leading the Crown Prosecution Service and setting prosecution policy. The office interfaces with the Attorney General for England and Wales, the Home Office, the Ministry of Justice (United Kingdom), and judicial bodies including the High Court of Justice and the Crown Court. The post has evolved since the late 19th century through statutes such as the Prosecution of Offences Act 1879 and the Proceeds of Crime Act 2002.

History

The office was established following reforms influenced by figures linked to the Trial of William Palmer and the debates in the Parliament of the United Kingdom during the Victorian era. Early holders engaged with institutions such as the Metropolitan Police Service, the Old Bailey, and the Home Secretary's criminal justice initiatives. In the 20th century the role adapted to wartime exigencies exemplified by the Regulation of the Defence of the Realm Act 1914 and postwar legal reforms after World War II, interacting with inquiries like the Royal Commission on Criminal Justice. The creation of the modern Crown Prosecution Service in 1986 formalised prosecutorial independence, drawing on precedents from the Director of Public Prosecutions (Ireland) and comparative models such as the United States Department of Justice and the Prosecutor General (Netherlands).

Role and Functions

The Director heads prosecution policy across prosecuting authorities including the Crown Prosecution Service, the Serious Fraud Office, and specialist units partnering with the National Crime Agency, the Police Service of Northern Ireland, and the Metropolitan Police Service. Responsibilities include issuing charging guidance influenced by cases at the Supreme Court of the United Kingdom, advising on complex proceedings at the European Court of Human Rights, and coordinating responses to organised crime adjudicated under statutes like the Criminal Justice Act 2003. The Director supervises disclosure practice in trials at the Old Bailey, manages appeals before the Court of Appeal (England and Wales), and contributes to legislative consultations on acts such as the Human Rights Act 1998.

Appointment and Accountability

Appointment is made by the Attorney General for England and Wales with parliamentary oversight through committees such as the Justice Select Committee. The Director is accountable to the Attorney General and ultimately to Parliament during sessions in the House of Commons and the House of Lords, and may be subject to judicial review in the High Court of Justice under principles established in cases like R v. Director of Public Prosecutions ex parte Kebilene and proceedings involving the European Court of Human Rights. Removal or resignation has involved political interactions with the Prime Minister of the United Kingdom and formalities within the Civil Service (United Kingdom).

Organisational Structure

The Director leads the Crown Prosecution Service's national headquarters interfacing with regional CPS units based in centres such as Manchester, Birmingham, Leeds, and Bristol. The office oversees specialist divisions including the Special Crime Division, the Fraud Prosecutions Unit, and the CPS International and Organised Crime Unit, which liaise with the Serious Fraud Office, the National Crime Agency, the Financial Conduct Authority, and international bodies such as Europol and the International Criminal Court. Senior legal management includes deputy directors, chief crown prosecutors drawn from the Bar of England and Wales, solicitors from the Law Society of England and Wales, and liaison with the Judicial Appointments Commission on cross-institutional matters.

Powers and Legal Framework

The Director's powers derive from statute and common law, operating under legislation including the Prosecution of Offences Act 1985, the Criminal Procedure and Investigations Act 1996, the Serious Organised Crime and Police Act 2005, and the Counter-Terrorism Act 2008. Powers include determining whether to bring charges, discontinuing prosecutions, and issuing guidelines on charging and disclosure informed by precedent from the Supreme Court of the United Kingdom and the European Court of Human Rights. The Director must balance prosecutorial discretion with obligations under the Human Rights Act 1998 and coordinates asset recovery under the Proceeds of Crime Act 2002 with agencies such as the HM Revenue and Customs.

Notable Directors and Cases

Prominent holders engaged with landmark matters such as prosecutions related to the Guildford Four and Birmingham Six appeals, counter-terrorism prosecutions connected to the IRA, and high-profile fraud cases like those involving Robert Maxwell and proceedings arising from the Panama Papers. Directors have overseen inquiries tied to the Hillsborough disaster inquests, prosecutions stemming from the Saville Inquiry recommendations, and cases touching on national security such as prosecutions arising from the Lockerbie bombing. Notable Directors include figures who later influenced public life via appointment to the House of Lords, interaction with the Attorney General portfolio holders, and appearances before parliamentary committees during debates on legislation like the Counter-Terrorism and Security Act 2015.

Category:Law of the United Kingdom Category:Public prosecution