Source · Select Committees · National Security Strategy (Joint Committee)
Recommendation 8
8
Accepted
We do not seek to unpick any of these professional judgements.
Recommendation
We do not seek to unpick any of these professional judgements. In future, however, it is essential that improved communications, common sense, clarity on strategic objectives and appropriate flexibility can be applied to ensure finely balanced judgements ultimately favour the public interest. (Conclusion, Paragraph 74)
Government Response Summary
The government accepts the need for improved communications and will conduct an internal exercise involving the AGO, CPS, and Cabinet Office to produce new guidance for government departments providing evidence in national security prosecutions, which will be shared with the Committee.
Government Response
Accepted
HM Government
Accepted
However, drawing on the in-depth report led by the JCNSS, the Government acknowledges there were misaligned expectations between the Crown Prosecution Service (CPS) and the Government and accepts that there is room for improvement in communications to clarify the capacity in which Government witnesses are providing evidence. The Government agrees with the Committee’s recommendation to undertake an internal exercise aimed at developing guiding principles that ensure expectations are aligned in future criminal cases and to strengthen coordination between policing, CPS and government departments on evidential and disclosure requirements. The Attorney General’s Office, the Crown Prosecution Service and Cabinet Office will conduct an internal exercise to produce a forward-looking, constructive guidance product to be used by government departments when required to provide evidence for national security prosecutions. Once finalised this guidance will be shared with the Committee and it will specifically provide clarity on: • The capacity of Government witnesses giving evidence in criminal proceedings, who they can share their evidence with (including other Government departments) and the principles of evidence and procedure in criminal proceedings; • How to optimise coordination between policing, CPS (or other prosecutorial bodies) and government departments to ensure collaboration and a shared understanding on evidential and disclosure requirements in criminal prosecutions; • The extent to which legal advice and draft statements subject to legal advice from government lawyers are properly subject to disclosure in criminal proceedings; • Whether a single witness statement is the right approach in future prosecutions, or whether the government instead prepares a position statement or relies on other materials.