Restriction on Right to Prosecute

Part of Birmingham City Council Bill (By Order) – in the House of Commons at 8:15 pm on 4 July 1985.

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Photo of Mr Jeff Rooker Mr Jeff Rooker , Birmingham, Perry Barr 8:15, 4 July 1985

I beg to move amendment No. 14, in page 16, line 20, leave out 'the Council or a constable'. This clause probably appears in dozens of other similar Bills. It is not a question of my suspicion of the legal officers on Birmingham city council, although they do unnecessarily harass many of my constituents. Neither the council nor the constable should have the power to prosecute for any offence under this legislation unless the Director of Public Prosecutions agrees. I do not understand why the clause has been drafted in this way, allowing only an aggrieved person to organise and start a prosecution and then slip in that either the council or a constable can do it. If the council wishes to prosecute anyone as a result of an offence under this Bill, it should get the approval of the Director of Public Prosecutions. There should not be blanket approval to do so as is provided for in the Bill.

I accept that prosecution policy will change in any event, and it is a change that will win my support. As I understand it, the promoters are prepared to accept the amendment.