CPS announces the roll out of two key justice initiatives

CPS announces the roll out of two key justice initiatives
英國皇家檢察署於本月一日宣布將全面實施兩項關鍵性措施( CPS announces the roll out of two key justice initiatives)1 April 2008

英國皇家檢察署(CPS)於2008年4月1日正式宣布將在England以及威爾斯( Wales)地區全面實施兩項關鍵性措施,一為偵查中對證人之訊問(Pre-trial Interview),另一為類似附條件式緩起訴處分,簡稱為附條件式處遇( Conditional Cautions). 就偵查中對證人之訊問此一新措施,可使檢察官在案件進入法院之前,得以訊問證人.而在附條件處遇計畫下,較輕微的犯罪可因此免於進入法院(免於起訴)。

附條件式處遇( Conditional Cautions)主要目的在於改善對被害人的補償、降低再犯率，以及避免輕罪案件進入法院。Director of Public Prosecutions Ken Macdonald QC表示，因為附條件式的處遇目標在於針對適合的案件做出便捷且快速的決定，並藉諮詢被害人意見，將被害人的意見納入處遇計畫中而做出一些適合的"條件"，這樣的措施，使得附條件式處遇變得更加有意義。

附條件式處遇(Conditional Cautions)適用於非常廣泛的案件中，包括毀損案件、竊盜案件以及一些常見的傷害案件。大多的案件所附的條件都為要求被告支付被害人一定的賠償金額，另外有些條件還包括向被害人道歉，或者參加一些戒毒措施等。當然，如果被告沒有完成這些條件，就可能會被以原來所犯之罪名起訴。
The use of conditional cautions is aimed at improving victim satisfaction, reducing re-offending and diverting low-level offenders away from the courts.
Director of Public Prosecutions Sir Ken Macdonald QC said: "Conditional cautions make sense. They are intended to be a swift and speedy resolution to appropriate cases, following a consultation with the victim and taking into account their views when considering suitable cautions."
Conditional cautions are used in a wide range of cases, including criminal damage, theft and common assault. Most conditions require the offender to pay compensation. Other conditions have included writing a letter of apology to the victim and taking part in a drug programme. If offenders do not comply with the conditions, they may be prosecuted for the original offence.

編註:英國的此項新措施與台灣的緩起訴(Suspended Prosecution )較為不同的地方是，第一，台灣的緩起訴設定有1至3年的期間。第二，再緩起訴期間再犯罪的話，仍會被撤銷緩起訴，而原犯之罪，以及再犯之罪均會被提起公訴。所以，並非被告一滿足緩起訴條件，就可以立即換得一個不進入法院的效果，而必須等到"觀察期"期滿，沒有再犯情形，才可以最終獲得一個全然的緩起訴結果。
Notes to Editors
Pre-trial witness interviews
1、The initial four pilot areas were Merseyside, Greater Manchester, Lancashire and Cumbria.
2、The evaluation report was published today and is available on our website in the Victims and Witnesses section - view Pre-trial witness interviews - Interviewing prosecution witnesses
Conditional Cautions (data from CPS Management Information Service as at February 2008)
3、The scheme was implemented by joint CPS/ACPO teams at local and national levels.
4、A total of 6,397 conditional cautions have been issued since the scheme began rolling out in April 2006.
5、The majority of conditions, just under 60%, were for compensation to victims. The second most common condition was a letter of apology in 15% of cases followed by participation in a drug intervention programme in just over 10% of cases.
6、Summary criminal or malicious damage offences, where the value of the damage is less than £500, make up the majority of cases where a conditional caution is used (47%) followed by common assault (11.7%) of cases.
7、A conditional caution has the effect of suspending the prosecution whilst the offender complies with appropriate conditions. If they successfully complete the conditions the caution stands and no action is taken over the prosecution, however if they do not comply the original prosecution goes ahead and the caution is of no effect.
8、Conditional cautions may only be used for a limited range of offences as specified by the DPP and only when the offender admits the offence and is willing to comply with certain conditions.
9、The Prosecutor has to be satisfied that there is sufficient evidence to charge the offence, that it is in the public interest to proceed by way of a conditional caution and that the case is appropriate for a conditional cautioning.
10、Conditional Cautions can work well alongside community and neighbourhood policing schemes and help to increase community and victim confidence in achieving a just and appropriate outcome quickly. Conditions can be:
Reparative (such as writing a letter of apology, repairing damage, paying compensation or undertaking unpaid work in the community if public or the wider community are the victims, or mediation between the offender and the victim)
Rehabilitative (attendance at drug or alcohol awareness session in an effort to halt the causes of the offending behaviour)
Restrictive (not to approach a particular area or person)
11、The Crown Prosecution Service is the Government Department responsible for prosecuting criminal cases investigated by the police in England and Wales. It is responsible for:
Advising the police and reviewing the evidence on cases for possible prosecution;
Deciding the charge where the decision is to prosecute;
Preparing cases for court;
Presentation of cases at court;
The CPS consists of 42 Areas in total, each headed by a Chief Crown Prosecutor (CCP). A telephone service, CPS Direct, provides out-of-hours advice and decisions to police officers across England and Wales. The CPS employs around 8,400 people and prosecuted 1,091,250 cases with an overall conviction rate of 83.7% in 2006-2007. Further information can be found on this website.
Media enquiries to CPS Press Office on 020 7796 8127.

http://www.cps.gov.uk/news/pressreleases/122_08.html last visited 2007.4.12

By Wan-Li Yang 2008.4.17