Specialist Teams

Some of the work carried out by CPS East Midlands is best done by staff with particular experience or legal qualifications. When it is the most efficient use of the Area's resources, this is done by specialist staff, either in the local offices or by Area-wide teams.

Charging 

The decision to charge in the majority of criminal cases is made by the Crown Prosecution Service. The decision to charge is vital to the efficient and successful prosecution of cases. CPS East Midlands has a team of lawyers dedicated to charging all but the most complex of cases.

The decision to charge is based on the Code for Crown Prosecutors, which consists of a two-stage test: whether there is sufficient evidence for a realistic prospect of conviction and whether a prosecution is in the public interest. Charging lawyers will decide whether a prosecution should proceed and if so, which offence should be prosecuted. Read more about the Code for Crown Prosecutors.

The charging team consists of lawyers seconded from the local units and based in the five main offices. They provide police officers with charging decisions over the phone.

When an police officer has investigated a case and believes there is sufficient evidence to request a charging decision, he or she will collate the evidence and send it via secure email to the charging team. The officer will then telephone the charging team and a lawyer will go through the evidence and give a charging decision or recommend further actions before a decision can be made.

Proceeds of Crime

The Proceeds of Crime Act is very effective legislation which hits criminals where it hurts - in the pocket. We have a team of specialists working in this arena.

The act means criminals who profit financially from their illegal activity can now have it seized through the courts. The big change is we as the prosecution no longer have to prove where the money or possessions came from; simply that the defendant had no legitimate income and cannot explain how he has afforded such luxuries.

Each local office has experienced prosecutors who prosecute cases in court to secure the restraint and confiscation of any assets judged to have been the proceeds of criminal activities.

In April 2011, CPS East Midlands launched a small unit based in our offices in Nottingham to enforce confiscations under the Proceeds of Crime Act. An Enforcement Clerk works closely with the local CPS teams, courts and criminal justice partners to ensure that criminals comply with the court orders and surrender the relevant assets. This can include houses, cars, cash or valuables.

Where a convicted criminal has no identifiable assets, the CPS can consider applying for a 'nominal order'. This is a court order to confiscate a nominal sum, usually £1, but it means that any further assets from anything other than legitimate earnings can be confiscated.