CPS boss advocates 'wriggle room'

Keir Starmer QC said he would like 'wriggle room' to name suspects before charge
21 May 2013

The outgoing Director of Public Prosecutions (DPP) waded into the so-called secret arrests debate as he told MPs he would like "wriggle room" to name suspects before charge.

Keir Starmer QC, who will step down from the Crown Prosecution Service (CPS) in October, said suspects should be identified when charged and added there should not be a "blanket rule" that nobody is named at the point of arrest.

His comments come after new guidelines on police relationships with the media were issued to forces by the newly-formed professional standards body, the College of Policing, to address issues raised in the wake of the Leveson Inquiry. The guidance said suspects who have been arrested should not be named until they are charged except for in "clearly identified circumstances" such as a threat to life.

Appearing before the House of Commons Justice Select Committee, Mr Starmer QC said: "I'm for a blanket rule on charge, I'm not for a blanket rule on arrest. I would certainly want wriggle room to name in certain types of cases."

The DPP said when suspects were named on charge, particularly in sexual offending cases, there was a prospect of other allegations coming forward.

He went on: "I have countenanced the situation where someone is arrested and there's not enough evidence to charge but there may be other allegations out there. That's a very important consideration and there I would expect to have a discussion with police about naming."

Mr Starmer QC added: "My concern is what happens on charge, I am also concerned to have enough wriggle room, whatever the approach is, to have naming in the circumstances where it is necessary in order to enable a charge to brought if that's the appropriate course of action."

The DPP said the length of time between arrest and charge in some cases was fuelling the debate.

He said: "It's where people are arrested and then on bail for some time that it becomes increasingly difficult. I'm absolutely clear about what happens on charge, on my part we need to work with the police to reduce the period between arrest and charge so we can get to a public statement sooner rather than later."

But Mr Starmer QC said the CPS did not need the power to direct the police as forces tended to take prosecutors' advice when the two agencies worked closely together in the period before charge.

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