Frequently Asked Questions - FAQ
- What documents do I need as a police officer to obtain a charging decision from CPS Direct?
- How long will it take to get a charging decision?
- Why do we need to call?
- When do you operate?
- What services do you offer?
- How do I get my charging decision?
- What if the suspect is no longer in custody?
- How do I contact you?
What documents do I need as a police officer to obtain a charging decision from CPS Direct?
A completed request for charging decision (form MG3) including details of the defendant, an outline of the allegation, a list of witnesses, and where required, a unique reference number(URN). If possible this should be emailed to CPS Direct (CPSD) prior to calling us, and where possible, a few minutes before calling us.
It is also important to have some other documents ready to fax/email to us, once you have spoken to a Duty Prosecutor. These would normally include the key witness statements (e.g. victim, owner of property, arresting officer etc), an MG7 (for cases where a remand is sought) and the most recent previous convictions of the defendant.
Other documents we may need to see include SOCO job sheets, the results of preliminary drug tests (field tests), any previous convictions of prosecution witnesses, medical evidence etc.
How long will it take to get a charging decision?
Difficult to say, and depends on the job. The average call time for an effective call producing a charging decision is 43 minutes; it will obviously be less for a straight forward case, and longer for a more complicated case. Using email wherever possible and having all the necessary documents to hand will both help to keep the call length to a minimum.
Why do we need to call?
A number of studies and reports into the Criminal Justice System in the late 90s and the early 2000s showed a large number of unsuccessful cases, or cases where a large amount of initial, remedial work was required, with inevitable delay and added cost in the prosecution process. Pilot studies into a CPS pre-charge advice system also highlighted the potential for drastically reducing these statistics. As a result legislation was introduced so that charging decisions in all but the more minor cases would be made by CPS lawyers. That legislation also introduced guidance on what material a Prosecutor would need to see in order to make those decisions.
Latest figures show a marked decrease in discontinuation rates in cases and an equally marked improvement in the number of guilty pleas entered.
When do you operate?
Outside normal office hours, i.e. from 5pm weekdays, through the night until 9am, and all weekend, from 5pm on Friday to 9am on Monday. We also cover all Bank and Public Holidays; including Christmas Day. In all other times you should contact your local CPS.
What services do you offer?
CPS Direct is an out of hours service and is only there to make charging decisions on suspects who are in custody at the time of consultation. If your suspect is in custody and you think your case is ready for a charging decision, you should first go to the Custody Officer or your local Evidential Review Officer (your Force may call this person a Gatekeeper). If the Custody Officer or ERO is satisfied that the evidence is sufficient for a charge to be considered (technically this is termed passing the threshold test) and the necessary documents are to hand, you are then ready to make the call.
How do I get my charging decision?
A Duty Prosecutor will look at your MG3 and the evidence you have and discuss the case with you. The Duty Prosecutor may then make a charging decision and set out an action plan for any further work that is needed to prepare the case for trial.
It may be that the Duty Prosecutor does not agree that the case is ready for a charge because some key evidence is still required, in which circumstances an action plan will still be discussed and set out and a bail date will be agreed.
A third possibility is that the Duty Prosecutor may decide there is insufficient evidence for a prosecution and that further work would be fruitless. Whatever the decision, the Duty Prosecutor will compete the form MG3 and send it back to you so that you have a written record of the decision and know what to do next.
What if the suspect is no longer in custody?
If your suspect is already on bail then you will need to take your case to your Area CPS charging office before the suspect returns on bail. CPS Direct do not deal with these cases unless it has been impossible to get a local decision by the time the suspect answers bail (for example, you may need to re-interview the suspect as a result of further evidence obtained, or you may receive further evidence too late to get a local decision).
How do I contact you?
Easy. Get your documents ready and call us. Your custody Officer will have our number. Dont forget, if you can email your documents that can help reduce the call length.
Download CPS Direct FAQ as an Adobe Acrobat PDF.
Was this useful to you? If you have any other queries regarding CPS Direct or if there is a frequently asked question youd like to see addressed, please contact: cpsdirect.enquiries@cps.gsi.gov.uk
Holders of a .pnn email account can also receive additional resources, such as MG3 templates, from CPS Direct. Please use the contact details above for more information.