Part of the debate – in the Senedd at 4:01 pm on 9 January 2018.
You asked for clarification of the differences with the CPS code in general terms. There are a number of key differences: they're mainly in relation to the different nature of the offences the Welsh Government has prosecution responsibilities in relation to. So, one of the main differences is that, unlike the CPS code, the Welsh Government prosecution code doesn't include reference to a threshold test, for example, which is, as you may know, where there's a custodial offence and where the suspect represents a substantial bail risk. That doesn't apply to the offences that the Welsh Government generally has responsibilities for prosecuting. Therefore, that, for example, hasn't been included.
The CPS code has been adapted to reflect the prosecution functions more specifically, and we have a summary of the Counsel General's prosecution powers set out in the code, which obviously does not appear in the CPS code for obvious reasons. I mentioned in my earlier answer the question of the public interest test, and it gives specific examples of how the public interest test might operate within the context of offences that the Welsh Government would prosecute. And there are also some key changes in relation to venue-for-trial questions and in relation to out-of-court disposals. Again, the rules are different for the kinds of offences that the Welsh Government would prosecute than for the general CPS code. The CPS code applies, of course, across the general criminal law, if you like, which is a different operating context to that which the Welsh Government's Welsh prosecuting code applies.
On the question of the burden of proof and how one assesses whether to proceed in individual offences where that is the case: again, as the code sets out, it sets out the sufficient evidence test, effectively, which includes within it the requirement to anticipate the arguments on both sides of the case. And that will involve evaluations of the admissibility of evidence, the reliability of evidence and the credibility, and that applies to the evidence in the round, if you like.
You raised the question of human rights legislation, and indeed other Members have raised that. The code makes it clear that prosecutors must apply the provisions of the European convention on human rights in accordance with the Human Rights Act 1998, and it's been made explicitly clear in the code that prosecutors must have due regard to the requirements of the United Nations Convention on the Rights of the Child, which of course has been given further effect in Wales in particular.