131/03
5 December 2003
CUSTOMS PROSECUTORS TO BECOME FULLY INDEPENDENT
The Attorney General and Economic Secretary to the Treasury today announced the creation of an independent Customs and Excise Prosecutions Office (CEPO). The new office will be established by the end of 2004, and will be accountable to the Attorney General.
A Director for the new office, with full accounting officer responsibilities, will be appointed as soon as possible, and will be closely involved in the creation of a fully independent CEPO.
The establishment of CEPO as an entirely separate prosecuting authority, accountable to the Attorney General, was a key recommendation of the Butterfield Review, published in July 2003.
Attorney General Lord Goldsmith QC said:
”The independence of prosecutors is a bedrock of our system of justice and a key constitutional safeguard. It is essential for public confidence in the conduct of criminal cases. This move will further enhance the independence of Customs prosecutors.
“They will work closely with skilled Customs investigators to continue building strong cases and delivering robust prosecutions – similar to the way the Crown Prosecution Service does through its close collaboration with the police.
“To be most effective, prosecutors must be independent - and be seen to be independent - by judges, by their colleagues and by the wider criminal justice system. The creation of an independent CEPO, accountable to me, will institutionalise and further protect that independence.
“A fully independent CEPO, with a clear demarcation of responsibility between investigators and prosecutors, will give Customs a sound basis to continue its fight against crime.
“Mr Justice Butterfield said that whilst there has been a significant improvement in the Prosecutions Office, there is more to be done if HMCE prosecutions are to regain their reputation for excellence. Rebuilding that reputation through concrete improvements to the prosecution process is the key challenge for CEPO in the coming years.”
John Healey MP, Economic Secretary to the Treasury, added:
“There have been far-reaching changes made in Customs in recent years which have revolutionised the fight against organised crime. Independence for the prosecution office will consolidate the progress already made, and minimise the chances of past mistakes happening again.
“The new Office will be a strong, fair, accountable and effective prosecuting authority. It will help Customs continue its work to disrupt and convict those involved in drug trafficking, money laundering and other serious and organised crime.
“The ‘Mr Bigs’ of the organised criminal world drive the drugs trade on our streets and fuel an underground economy that steals money from our schools and hospitals. Since the Proceeds of Crime Act came into force, Customs has seized over £30 million from these criminals. In the last financial year it had £68 million in confiscation orders issued by the Courts.
“That is why it is so important that Customs gets it right, so cases are legally watertight and serve the interests of justice. This frees Customs to do what it does best – catching smugglers and hitting organised criminals where it hurts – in the pocket.”
Notes to editors
1. The decision to create an entirely separate Customs prosecuting authority was announced by the Attorney General in answer to a Parliamentary Question from Baroness Dean on 4 December 2003 [Official Report, Col WA32].
2. The Attorney’s speech will deliver the keynote speech at a major CEPO Conference on Saturday 6 December. The conference – the first of its kind held by CEPO - will bring together prosecutors, CEPO staff, and representatives from the judiciary and legal profession to examine issues around the prosecution of large, complex and serious cases and to discuss the steps CEPO is taking to improve its performance.
3. The Attorney’s speech will address the future of CEPO. To request an advance copy, please call the Attorney General’s Office on 020 7271 2440/2465. Media who wish to attend for the Attorney’s speech should also contact the Attorney General’s Office.
4. On 15 July 2003 the Government published in full the independent report of Mr Justice Butterfield into the current practices and procedures relating to disclosure, associated investigation techniques and case management in HM Customs and Excise's criminal cases. The Attorney General and the Economic Secretary to the Treasury had asked Mr Justice Butterfield to examine the circumstances that led to the termination of the London City Bond prosecutions in Liverpool Crown Court on 25 November 2002, the changes in practice within Customs since the time of the cases to which those prosecutions related, and Customs’ compliance with best practice in the use of investigation techniques. Mr Justice Butterfield also examined the preparation for and presentation of cases for Court on behalf of Customs. Background to the Butterfield Review, which was published on 15 July 2003, is set out in the Attorney General’s Parliamentary Answer to Lord Barnett of the same date [Official Report, Col WA96-99]. The Butterfield Review is available on the Treasury website.
5. The Government also accepted today Mr Justice Butterfield’s recommendations that CEPO will be subject to a regular, independent and thorough inspection regime; that Investigation Legal Advisers should now move to become the responsibility of HM Commissioners of Customs and Excise; and that these advisers will not be involved in the prosecution process. This arrangement concerning Investigation Legal Advisers will be reviewed after two years.
6. For further information, contact Carolyn Bartlett, Attorney General’s Chambers, 020 7271 2440 or Billy McKenna, HM Treasury, 020 7270 5192.
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