CPS reminds police that dead cannot be prosecuted over past child abuse

UNITED KINGDOM
The Guardian

Sandra Laville
Friday 13 May 2016

The director of public prosecutions has been forced to remind chief constables that the dead cannot be charged with criminal offences, amid a huge increase in investigations into historical child abuse.

Alison Saunders issued the directive to senior officers, reminding them that only those who are living can be tried in a criminal court, because CPS lawyers are being bombarded with files of evidence from police seeking charging decisions on deceased suspects.

“Since deceased persons cannot be prosecuted, the Crown Prosecution Service will not make a charging decision in respect of a suspect who is deceased,” the guidance states. “This applies in all cases where the suspect is deceased, including cases in which the police made a referral to the CPS for a charging decision prior to the suspect’s death. The CPS will also not make hypothetical charging decisions.”

Prosecutors and police are dealing with a huge increase in investigations into past child abuse as the revelations about Jimmy Savile continue to resonate. They anticipate an even greater rise in the number of cases of non-recent abuse as the Goddard inquiry into institutional child abuse begins its public hearings into alleged institutional cover-ups in Lambeth, the Catholic church, the Church of England and Westminster.

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