4. Statement by the Counsel General: The Welsh Government Prosecution Code

Part of the debate – in the Senedd at 3:43 pm on 9 January 2018.

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Photo of Jeremy Miles Jeremy Miles Labour 3:43, 9 January 2018

(Translated)

The code sets out a number of specific factors for the prosecutor to consider when deciding on the public interest, which vary depending on the context of the prosecution. For example, in the context of an environmental prosecution, a prosecutor will need to consider the impact that the offence may have on the environment. The greater the impact of the offending on the environment, the more likely it is that a prosecution is required. And in the context of a social care prosecution, a prosecutor will need to consider whether there is an element of danger to the health or safety of the public.

Before this code was issued, my predecessor and colleague Mick Antoniw launched a public consultation on a draft code in order to give stakeholders and members of the public the opportunity to comment and provide their views. I would like to take this opportunity to thank all those who responded to that consultation. A number of valuable comments were received and I can confirm that amendments were made to the draft code as a result of those comments. In particular, I would like to thank the Constitutional and Legislative Affairs Committee for their comments on points of clarity. The code has benefited from the committee's input and I hope the committee will agree that the final code is clearer as a result. I would also like to thank the Crown Prosecution Service, finally, for their close engagement with Welsh Government officials on the development of the code.