Prosecution policy

This guidance is part of our Counter Fraud and Corruption Strategy.

1. The Council is committed to preventing fraud and corruption and has developed a Counter Fraud and Corruption Strategy in order to minimise its occurrence.

2. Having a prosecution policy does not take the place of internal disciplinary codes and procedures of the Council.  Employees or Councillors may be subject to internal disciplinary procedures as well as prosecution.  Liaison will take place with the Police to ensure that any internal disciplinary procedures do not prejudice or interfere with criminal proceedings.

3. It is the policy of the Council that where there is prima facie evidence that a criminal offence has been committed then the case will be referred to the Police for investigation

4. Where following a police investigation the police or the Crown Prosecution Service decide not to prosecute, the Monitoring Officer will consider whether the evidence obtained is such that there is a reasonable prospect of securing a conviction.  If there is a reasonable prospect of securing a conviction, and if the public interest test is met, then a prosecution will be brought by the Council.  Civil action may also be taken to recover any loss to the Council.

5. Employees should be aware that it may be fair for the Council to suspend or dismiss them during the course of a police investigation or while they are awaiting trial or after a police investigation which has resulted in a decision not to prosecute.

Last update April 2019