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Crown Prosecutors

Crown Prosecutors are responsible for determining the charge in all but minor cases, advising the police during the early stages of an investigation, reviewing cases submitted by the police for prosecution, preparing cases for court and presenting those cases at court. In each case reviewed, the prosecutor will consider whether there is sufficient evidence and, if so, whether the public interest requires a prosecution. Although Crown Prosecutors work closely with the police, they are responsible to the Crown Prosecution Service, an independent governmental organisation.

Home » Legal Resources » The Code for Crown Prosecutors » Reconsidering A Prosecution Decision

12. Reconsidering A Prosecution Decision

  1. People should be able to rely on decisions taken by the prosecution service. Normally, if the prosecution service tells a suspect or defendant that there will not be a prosecution, or that the prosecution has been stopped, the case will not start again. But occasionally there are special reasons why the prosecution service will overturn a decision not to prosecute or to deal with the case by way of an out-of-court disposal or when it will re-start the prosecution, particularly if the case is serious.
  2. These reasons include:
    1. rare cases where a new look at the original decision shows that it was wrong and, in order to maintain confidence in the criminal justice system, a prosecution should be brought despite the earlier decision;
    2. cases which are stopped so that more evidence which is likely to become available in the fairly near future can be collected and prepared. In these cases, the prosecutor will tell the defendant that the prosecution may well start again;
    3. cases which are stopped because of a lack of evidence but where more significant evidence is discovered later; and
    4. cases involving a death in which a review following the findings of an inquest concludes that a prosecution should be brought, notwithstanding any earlier decision not to prosecute.
  3. There may also be exceptional cases in which, following an acquittal of a serious offence, a prosecutor may, with the written consent of the DPP, apply to the Court of Appeal for an order quashing the acquittal and requiring the defendant to be retried.