Best Interest Determination

Waiting for an internal review by Crown Prosecution Service of their handling of this request.

Alastair Patterson

Dear Crown Prosecution Service,

1. The Crown Prosecution Service publication "Safeguarding Children as Victims and Witnesses"[1], public interests stage states that,

"The UN Convention on the Rights of the Child requires that authorities should give primary consideration to the best interests of the child."

2. This, just as in the "Second review of the role and contribution of the CPS to the safeguarding of children"[2] is a misquotation of Article 3(1) of that convention. The convention reads "shall give" not "should give". That is, you must.

3. A primary consideration of the Article 3(1) best interests of the child requires a best interests determination. (See,
https://www.whatdotheyknow.com/request/b...

REQUEST
4. Please can the CPS supply :

a) the means by which a best interests determination is conducted as part of the public interest test in bringing prosecutions;

b) the information in a) above to a level of detail where any determination may be evaluated for accuracy, reliability, fairness and consistency on a case by case basis.

Yours faithfully,

Alastair Patterson

[1] "Safeguarding Children as Victims and Witnesses", public interests stage
http://www.cps.gov.uk/legal/v_to_z/safeg...

[2] Second review of the role and contribution of the CPS to the safeguarding of children
http://www.hmcpsi.gov.uk/documents/repor...

Freedom of Information Unit, Crown Prosecution Service

1 Attachment

Please find attached response to a recent FOI request to the CPS.

 

 

Regards

 

FOI Team

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Alastair Patterson

Dear Crown Prosecution Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Crown Prosecution Service's handling of my FOI request 'Best Interest Determination'.

As was recorded by the CPS, the request was for,

b) the information in a) above to a level of detail where any determination may be evaluated for accuracy, reliability, fairness and consistency on a case by case basis.

The CPS did not supply,
b) the information in a) above to a level of detail where any determination may be evaluated for accuracy, reliability, fairness and consistency on a case by case basis.

Otherwise the information supplied was accurate but redundant. It was my understanding of that information that led me to making the request.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/be...

Yours faithfully,

Alastair Patterson

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