How we work

CPS Direct is the national out of hours service that enables the police to have access to round the clock charging decisions from the CPS.

We have a dedicated network of CPS prosecutors based throughout England and Wales, linked to the police by a high speed IT and telephony system. They operate each weekday from 5pm until 9am, and continuously at weekends and Public Holidays.

 

 

Calls to CPS Direct

To contact CPS Direct the Police ring a single national number. Once connected, they are required to enter their force code identifier via the handset. Officers from a non-geographic force, such as British Transport Police (BTP), are required to enter their own force code followed by the code of the force in whose area they are operating.

They are also given the option of being connected to a rape charging lawyer. This allows them to receive prompt, specialist advice in such cases.

The call is connected to the next available Prosecutor.

Call Volume

One of the key targets for CPS Direct is the speed with which it responds to calls from police officers requiring charging advice. To maintain our service levels we must ensure that our staffing reflects the volume of incoming calls.

We receive over 3000 calls each week from the police, and we produce detailed call volume data on a daily basis. We review this data regularly to match the number of prosecutors on duty each hour against expected levels of demand for charging decisions.

Callbacks

We work hard to ensure the number of available prosecutors is adequate to meet the expected demand for charging decisions. However, it is not always possible to predict sudden surges in demand for charging advice and officers will not always be connected to a CPS Direct prosecutor straight away.

If all Duty Prosecutors are engaged on a call, any new call will initially wait in a queue for the next available Duty Prosecutor. However, if the call is not answered within the first minute of queuing, officers will be given the option to request a call back.

Officers still have the choice to remain on the line and will receive messages detailing progress through the queue.

Officers who request a call back will be required to enter a direct dial number (this can be a mobile) and may then put the phone down and wait for the return call.

Whichever option the officer chooses, the call will retain its place in the queue. In the case of a call back, when the call reaches the front of the queue the system automatically calls the officer back and connects them to the next available Duty Prosecutor. Because the call keeps its place in the queue, it is far more effective for an officer to request a call back in this way than for the officer to abandon the call and try later.

Charging Decisions

Once connected, the Prosecutor and the police officer will work together to deliver the charging decision. We have summarised this process below, you can also view it as a flowchart available as Adobe Acrobat PDF.

We are only available to make charging decisions for persons in police custody at the time of the consultation. We will deal with any case where the police are in possession of the evidence/material required by the Director of Public Prosecution's Guidance on Charging.

It is a common misconception that we can only advise on Threshold Test cases. In fact, we can provide charging advice in all cases where the evidence is available, whether or not the suspect is regarded as suitable for bail in the event of a charge.

After some initial screening questions the prosecutor will look at the request for a charging decision (form MG3) and the evidence obtained and discuss the case with the officer. The prosecutor may then make a charging decision and set out an action plan for any further work needed to prepare the case for trial.

Alternatively, the prosecutor may decide that the case is not ready for a charge. The prosecutor may feel that some key evidence is still required. In these circumstances an action plan will still be discussed and set out and a bail date for the suspect will be agreed.

A third possibility is that the prosecutor may decide there is insufficient evidence for a prosecution and that further work would be fruitless. Whatever the decision, the prosecutor will complete the MG3 and send it back to the police officer so that there is a written record of the decision and everyone is clear on what to do next.

A key reference document for CPS Direct prosecutors is the CPS Direct Good Practice Guide. This document is a practical guide for prosecutors delivering charging advice via the telephone. It also contains advice on applying the Director's Guidance on charging. The document is reviewed and revised by CPS Direct managers on a regular basis. You can view a copy of the CPS Direct Good Practice Guide as an Adobe Acrobat PDF.

For more information see our Frequently Asked Questions.