Torture under Section 134 - Criminal Justice Act 1988

Freedom of information request reference no: 01.FOI.23.032435

I note you seek access to the following information:

You know the criterion of Paragraph 134 of the CJA 1988. There is a simple straight forward test for charging. This safeguards English and Welsh subjects from Torture.

Under Section 134 - Criminal Justice Act 1988;

1. Was the perpetrator that caused the alleged severe pain or suffering a police constable and acting as a police constable at the time of the alleged offence (Crown servant, crown official)? Yes go to part 2. No. Cannot charge Torture. (refer to all other offences).

2. Does the victim allege severe pain or suffering? Yes go to step 3. No. Cannot charge Torture

3. Was the alleged severe pain and suffering lawful? NO. Then charge torture if 1 and 2 are YES

You MUST make a referral to the attorney general for consent to prosecute Torture to comply with International and Domestic law.

Part 2 and 3 are for a Jury to decide and this offence is by indictment only. It is for the Judge to direct the Jury on severe pain or suffering and for the constable [all ranks} to prove lawful authority, the Judge should direct the Jury on lawful authority.

Please supply your test for this charge if not the above?
How long has the test been operating and by whom?
If you do not have a test for this charge please explain why?

How many referrals have the Met Police made to the Attorney General for consent to prosecute for torture since the enactment of CJA in 1988 for police constable [all ranks] to be charged with Torture under Section 134 - Criminal Justice Act 1988 and Paragraph 135 consents?

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

The MPS do not make referrals to the Attorney General. MPS referrals are made to the Crown Prosecution Service (CPS) who then apply the two - stage test contained in the Code for Crown Prosecutors. Further information relating to this can be found within the following response: Response MOORE G 11536 DUE 27 09 2023.pdf (whatdotheyknow.com)

However, the MPS can confirm that since 1996 (data prior to this is not held) we have referred zero cases to the CPS under Section 134 of the Criminal Justice Act 1988 where the suspect was a police officer.