Criminals who commit minor offences could escape prosecution if their court cases are deemed to cost too much or are too complex, under new guidance
Suspects arrested for offences such as minor assaults & antisocial behaviour could avoid prosecution as the authorities weigh up whether it would be worth bringing charges in the biggest shake-up of the rules for 20 years.
Prosecutors will now consider whether the cost of charging someone is excessive given their alleged role in the crime and any likely sentence.
Bit-part players in cases involving multiple suspects could also avoid court as prosecutors focus on “the main participants in order to avoid excessively long and complex proceedings”.
The changes to guidance for prosecutors were unveiled by Keir Starmer QC on Monday, the director of public prosecutions.
John Fassenfelt, chairman of the Magistrates’ Association, said he was concerned the use of a “proportionality test” would lead to “more and more cases being dealt with by a caution or not being taken through the criminal justice system at all”.
The new code comes after Ministry of Justice figures showed one in four violent criminals were avoiding court as thousands were let off with a caution each year.
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