Crown Office and Procurator Fiscal Service

8 May 2009

Attorney General and Lord Advocate move to strengthen

the prosecution of cross-border terrorism offences

The prosecution of cross-border terrorism offences will be strengthened by a
new protocol agreed today (8 May 2009) by the Lord Advocate, the Right Honourable Elish Angiolini QC, and the Attorney General, the Right Honorable Baroness Scotland QC.

The protocol sets out the broad principles and considerations relevant in deciding who should lead criminal investigations and prosecutions in cases where jurisdiction is shared between Scotland and England and Wales.

The protocol underscores the commitment from investigators and prosecutors across the UK to work together to bring offenders to justice.

Baroness Scotland said:

"It is imperative to detect, investigate and prosecute terrorist offences swiftly and effectively, to protect the public and bring offenders to justice. Police and prosecutors have a long record of cooperating effectively across UK jurisdictions, as was demonstrated in the operation involving the investigation and prosecution that followed the Glasgow/London Haymarket bombing attempts.

"This statement is a public commitment by prosecutors and Law Officers in England, Wales, Northern Ireland and Scotland to effective co-operation between us, to provide assurance to the public about the basis on which operational decisions are approached in cases with cross border elements."

The Lord Advocate, Elish Angiolini QC, said:

"The evolving nature of crime, particularly serious and organised crime including terrorism, requires a far greater degree of flexibility and cross-border co-operation. Where criminal conduct is linked, there may be substantial benefit to the public interest if accused are tried in one place. Operational decisions as to how to pursue an investigation with a view to prosecution have to be taken objectively, based on the available evidence and circumstances in each individual case."

The protocol was agreed as the Lord Advocate and Attorney General delivered the keynote addresses at the Law Society of Scotland's 60th anniversary conference in Edinburgh today.

Note to Editors

1. The Lord Advocate, Elish Angiolini QC, is head of criminal prosecutions in Scotland. She is also responsible for the investigation of all sudden, suspicious, unexplained and accidental deaths.

2. The Attorney General, the Right Hon. Baroness Scotland QC, has ministerial responsibility for the Crown Prosecution Service (CPS), which prosecutes in England, Wales and Northern Ireland. The CPS is run by the Director of Public Prosecutions, Keir Starmer QC. The protocol has been devised in collaboration with Mr Starmer, the DPP for Northern Ireland and senior police officers.

3. The protocol agrees the broad principles and considerations to be adopted in any future prosecution which spans jurisdictions in Scotland and England and Wales. It has been prepared in anticipation of section 28 of the Counter Terrorism Act 2008 coming into force, which extends shared jurisdiction to terrorist offences.

Media enquiries

Lord Advocate:

Jennifer Veitch

Communications Manager

Crown Office and Procurator Fiscal Service

0844 561 3988

jennifer.veitch@copfs.gsi.gov.uk

Attorney General:

Susan Givens

Attorney General's Office

020 7271 2465