Legal Guidance

Purpose of Legal Guidance

This Legal Guidance was prepared by The Crown Prosecution Service. It provides guidance to prosecutors and caseworkers in relation to many criminal offences and procedural issues. The Legal Guidance is used as an aid to guide Crown Prosecutors and Designated Caseworkers in the use of their discretion in making decisions in cases, and is subject to the principles as set out in the Code for Crown Prosecutors.

Information which would be likely to prejudice the prevention or detection of crime, the apprehension or prosecution of offenders or the administration of justice is exempt from disclosure under the Freedom of Information Act where the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Therefore, small pieces of guidance will be for use of CPS staff only and will not appear in this guidance.

Reference to the Legal Guidance does not override the need for Crown Prosecutors to consider each case on its individual merits, and to take into account special circumstances when applying the principles set out in The Code for Crown Prosecutors.

The Legal Guidance does not in any way override the law as stated in statute or case decisions.

The Legal Guidance is not a substitute for any recognised legal textbook, such as Archbold, Blackstone’s, Stone’s Justices’ Manual or Wilkinson’s Road Traffic Offences. Crown Prosecutors and caseworkers use these sources as well as the Legal Guidance in their work. Therefore, these are referred to at various places in the guidance. However, for contractual reasons, members of the public cannot gain access to these reference sources through this guidance.
It is not intended to provide legal advice to members of the public, nor does it replace the specialised advice of lawyers or other experts.

The Legal guidance does not create any rights enforceable at law, in any legal proceedings.

The material in the Legal Guidance may be used without seeking permission, provided it is accurately reproduced and includes an acknowledgement of The Crown Prosecution Service, as its source. The Crown Prosecution Service does not take responsibility for the accuracy or reliability of reproduced material.