British Food Journal Volume 83 Issue 5 1981

Prosecutions under Criminal Law, associated in the minds of most people with “criminal offences” of a serious nature—“crime” in the traditional sense—and undertaken by the police authorities, constitute a very large and rather untidy body of public law. It includes a large and constantly growing number of offences in respect of which prosecutions are undertaken by various corporate bodies who, as in the case of local authorities, have a duty albeit with a power of discretion, to prosecute. There would appear to be little in common between such offences, as smoking in the presence of open food or failing to provide soap, nail‐brushes, etc, for food handlers, and the villainy and violence of the criminal, but their misdeeds are all criminal offences and subject to the same law. Other countries, such as France, have definite Criminal Codes and these offences against statutes and statutory instruments which in English Law are dealt with in the broad field of Criminal Law, are subject to special administrative procedure. It has obvious advantages. Although in England and Wales, prosecutions are undertaken by police authorities, local authorities, public corporations, even professional bodies and private individuals, with a few statutory exceptions for which the Attorney‐General's fiat or consent of the Director of Public Prosecutions is necessary, may instigate a prosecution against anyone if he can provide prima facie evidence to support it. In Scotland, prosecutions are instituted at the instigation of the various authorities by an officer, the Procurator‐Fiscal. Many advocate such a system for England and Wales, despite the enormous difference in the volume of litigation. Supervision of prosecutions on a much smaller scale is by the Director of Public Prosecutions, an office created in 1879, with power to institute and carry on criminal proceedings—this is the less significant of his duties, the number of such prosecutions usually being only several thousands per year—the most important being to advise and assist chief officers of police, clerks to the magistrates and any others concerned with criminal proceedings Regulations govern the cases in which DPP may act, mainly cases of public interest. The enormous growth of summary jurisdiction over the years, especially that arising from so‐called secondary legislation, is largely outside his sphere.