Recommendation 1

HM Government Accepted

1. Agree. The UK approach to holding perpetrators of serious crimes accountable is to pursue justice wherever possible and in conformity with the rule of law. Perpetrators of international crimes must similarly face justice, in accordance with the principle that investigations should take place close to where crimes occur, allowing for better access to robust evidence and witnesses. It is vital that those suspected or accused of serious crimes are investigated, charged, and tried impartially at every stage. 2. Everyone who returns to the UK and is suspected of taking part in the conflict in Syria or Iraq must be investigated by the police to determine if they have committed criminal offences, and to ensure that they do not pose a threat to our national security. 3. There are a wide range of criminal offences that can be used to prosecute returning foreign fighters. CPS charging decisions are led by the evidence and the most appropriate charges selected based upon the evidence. Prosecutors are required by the Code for Crown Prosecutors to select charges which: reflect the seriousness and extent of the offence supported by the evidence; give the court adequate powers to sentence and impose appropriate post-conviction orders; and enable the case to be presented in a clear and simple way. 4. In any prosecution, when deciding whether there is enough evidence to charge, Crown Prosecutors must consider whether evidence is admissible, reliable and credible, and there is no other material that might affect the sufficiency of evidence. These standards do not differ in a Core International Crime (CIC) prosecution, and prosecuting terrorism or CIC are not mutually exclusive and can be combined where the evidence presents itself.