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Referral of Cases to CPS Headquarters (Private Office, Operations Directorate and Press Office), Central Casework Divisions, the Chief Crown Prosecutors/Deputy Chief Crown Prosecutors, or Area Complex Casework Units

Principle

Decisions on where cases are to be handled should be made quickly to avoid unnecessary delay.

Certain cases require special handling because of the type of case or the circumstances of the alleged offender.

There is a nationally agreed list of cases which are to be handled by Area Complex Casework Units and the London Complex Casework Centre. In addition, the work of the Central Casework Divisions, namely the Specialist Fraud Division, Special Crime and Counter-Terrorism Division, and Organised Crime Division have also been defined.

A reference to Chief Crown Prosecutor will be taken to mean 'Chief Crown Prosecutor or Deputy Chief Crown Prosecutor'.

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Guidance

Referral of Cases to Central Casework Divisions

Specialist Fraud Division (SFD), Fiscal and Non-Fiscal Divisions

Cases investigated by HMRC, fiscal fraud (taxation and customs) investigated by the police and HMRC. Cases of non-fiscal fraud where the alleged loss is in excess of 1M and which are complex or highly sensitive.

Special Crime and Counter Terrorism Division (SCCTD) - Counter Terrorism

CPS Areas must refer the following cases to the Counter Terrorism Unit in SCCTD

  • acts of terrorism or terrorist related offences; 
  • incitement to hatred base on race, religion or sexual orientation; 
  • Official Secrets Act offences; 
  • violent extremism 
  • war crimes, crimes against humanity including torture and hostage taking.
  •  arrest warrants in private prosecutions (section 153(1) of the Police Reform and Social Responsibility Act 2011). 

Please refer to Annex A: Mandatory Referral of cases by CPS Areas to HQ and Central Casework Divisions.

Prosecutors need to be aware that the following could lead to the consideration of terrorist related offences:

  • any act involving commission, preparation or instigation for a potential political, religious or ideological purpose; or 
  • possession of articles that might be useful to a terrorist;

In a few cases involving explosives, the possibility of a prosecution under the counter-terrorism legislation will arise. The Terrorism Acts 2000 and 2006 create a wide variety of offences, and most investigations are dealt with by specialist police units and referred directly to the Counter Terrorism Division. However, it is possible that prosecutors will be presented with cases where the legislation is applicable, for example where involvement with explosives is in some way linked to extremist political, religious or ideological activities which may include extreme right wing motivation.

Any case involving a possible charge under the terrorism legislation is referred immediately to the Counter Terrorism Unit in the Special Crime and Counter Terrorism Division (SCCTD) and not dealt with by Area or CPS Direct prosecutors. 

See the Legal Guidance chapter on Explosives for detailed guidance.

Special Crime and Counter Terrorism Division (SCCTD) - Appeals Unit

CPS Areas must refer the following cases to the Appeals Unit in SCCTD:

  • Appeals to the Supreme Court;
  • Judicial Review and Case Stated Appeals to the Administrative Court (except interlocutory appeals unless they relate to bail or Custody Time Limits);
  • Appeals to the Court of Appeal including Criminal Cases Review Commissions referrals (some interlocutory appeals, including appeals under section 58, are conducted by Areas see below for further information) [for new appeals against final rulings lodged on or after 18 October 2010];
  • Unduly Lenient Sentences;
  • Attorney General's Reference on points of law;
  • Application for the retrial of serious offences under section 76(3) of the Criminal Justice Act 2003 (Double Jeopardy cases).

The Appeals Unit must also be notified if a letter before claim is received by a CPS Area under the judicial review pre-action protocol.

The Appeals Unit must be notified in advance of a all prosecution initiated judicial review or case stated appeals.

Appeals relating to the following interlocutory matters will usually be dealt with by the Appeals Unit:

  • Application to quash an acquittal and seek a retrial for a qualifying offence;
  • Applications for a determination as to whether a foreign acquittal is a bar to a trial, and, if so, an order that it not be a bar;
  • Applications for restrictions on publication relating to these matters;
  • Appeals against orders relating to a trial to be conducted without a jury where there is a danger of jury tampering; and
  • Appeals against an order that a trial should continue without a jury or a new trial take place without a jury after jury tampering.

The Appeals Unit will not generally deal with the following interlocutory hearings:

  • Appeals against rulings in preliminary matters;
  • Appeals against terminating rulings;
  • Appeals in relation to restraint or receivership;
  • Appeals against an order for trial by jury of sampling counts; and
  • Appeals against orders restricting or preventing media reporting or restricting public access to a trial.

The Appeals Unit must also be notified of all appeals against terminating rulings under section 58 of the Criminal Justice Act 2003.

The Appeals Unit can be contacted by email scd.appeals@cps.gsi.gov.uk or by telephone 020 3357 0079. 

Special Crime and Counter Terrorism Division (SCCTD) - Special Crime Unit

CPS Areas must refer the following cases to the Special Crime Unit in SCCTD:

  • Disasters;
  • Independent Police Complaints Commission (IPCC) cases - only those where the IPCC are investigating independently or are managing the police investigation. (This does not include cases referred to police by IPCC for local investigation unless any of the other listed criteria in this section applies)
  • Corporate manslaughter; see Service Level Agreement (SLA) between CPS Areas and SCCTD for further information;
  • Medical manslaughter;
  • Deaths in custody;
  • Assisting suicide;
  • Allegations of political or constitutional significance against public figures with a nationally high profile. This could include (as am illustration) Members of Parliament, Police and Crime Commissioners or police chief constables, but would not extend to 'tabloid' celebrities with a enerally high media profile. The offences alleged will rarely include minor motoring offences and will often relate to the suspect's performance of, or matters connected to, their public duties;
  • Election offences;
  • Cases against CPS staff except cases relating to minor uncontested motoring offences;
  • National Crime Agency (NCA) Employee Cases except cases relating to minor uncontested motoring offences;
  • Serious public corruption (except cases submitted by NCA "See Allegations against Police" below) (Fraud-related cases should be referred to the Specialist Fraud Division);
  • Cases involving the disclosure of confidential information by public servants to journalists.
  • Allegations against police officers of seriously corrupt activity;
  • Allegations against police officers concerning deaths following police contact;
  • All private prosecution cases referred to the CPS for possible intervention;
  • Cases alleging a contravention of section 7 Health and Safety at Work Act 1974 by a police officer or firefighter who has carried out an heroic act.

CPS Areas should consider referring the following cases to SCCTD:

  • Cases involving an allegation against a person serving with the police that involve issues of considerable complexity of sensitivity (e.g. involvement of CPS staff; officer with large local connections).
Allocation and handling of criminal allegations against persons serving with the police

The following categories of cases should be referred to the Special Crime Unit:

  • Allegations against persons serving with the police at any rank of seriously corrupt activity. For these purposes, allegations are likely to include one or more of the following:
    • systematic and organised attempts to pervert the course of justice or other conduct likely to seriously harm the administration of justice, in particular the criminal justice system;
    • undue payments or other benefits or favours received in connection with the performance of duties, where a magistrates' Court would be likely to decline jurisdiction;
    • corrupt controller/handler/source relationships;
    • provision of confidential information in return for payment, or other benefits or favours, where the conduct goes beyond a possible prosecution for an offence under section 55 of the Data Protection Act 1998;
    • extraction and/or supply of seized controlled drugs, firearms or other illegal material, e.g. drugs proceeds, counterfeit currency etc;
    • attempt or conspiracies to do any of the above.
  • Allegations concerning death(s) in police custody or following police contact. This definition includes the deaths of persons who have been arrested or otherwise detained by the police. It also includes deaths occurring whilst a person is being arrested or taken into detention. The death may have taken place on police, private or medical premises. Also included are circumstances where the person dies during or after some form of contact with the police which did not amount to detention and there is a link between that contact and the death. Finally, it includes fatal shooting incidents in which police fire the fatal shots.

Organised Crime Division (OCD)

This Division deals exclusively with cases submitted by the National Crime Agency (NCA) and the Child Exploitation and Online Protection Centre (CEOP). NCA and CEOP cases must not be dealt with by Area Complex Casework Unit (or the Central Complex Casework Unit in London).

In addition, CPS Areas must refer all potential applications for the following to the Central Confiscation Unit of OCD: 

  • High Court Serious Crime Prevention Orders; 
  • civil asset recovery; 
  • pre-POCA High Court restraint and receivership work; and 
  • civil proceedings against the CPS.

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Referral of Cases to Operations Directorate (OD)

Operations Directorate has a monitoring role in relation to cases identified at Annex B.

Referral of Cases to the Private Office Legal Team

A. The following areas of work must be referred to the Director's Legal Advisor (DLA) via the PO Legal Team inbox: Principal.LegalAdvisor@cps.gsi.gov.uk

1. All cases where there is a decision to charge in a case alleging perverting the course of justice arsing from a false or a retracted complaint of rape or other sexual offence or domestic abuse. Cases where the decision is to take no further action need not be referred.

2. Private prosecutions alleging abortion offences [s.58 and 59 Offences Against the Person Act 1861 ] which the CPS are asked to take over under section 6 (1) of the Prosecution of Offences Act 1985.

3. Cases involving the intentional or reckless sexual transmission of infection.

4. Area and Complex Casework cases involving immunity from prosecution and undertakings as to the use of evidence (section 71, section 72 and section 74 (2) of the Serious Organised Crime and Police Act 2005). Note: Cases falling under section 74 (2) (b) and (c) must also be referred in certain circumstances- Refer to Queen's Evidence: Immunities, undertakings and Agreements (SOCPA 2005) in the legal guidance.

5. Applications for non-jury trials under section 44 of the Criminal Justice Act 2003.

6 .'Conditional' consent cases where ostensible consent in relation to  sexual offences is considered not to be true consent, so that the consent is vitiated either because of material deception ( other than one which falls within section 76 of the Sexual Offences Act 2003), or because a condition on which consent was given was not complied with.

7. Cases involving communications sent via social media that fall within category (4) of the guidelines, except for those where approval to charge is given by CPSD.

8. All cases where there is a decision to charge juror misconduct offences under section 20A to 20G Juries Act 1974 [ introduced by Sections 69-77] of the Criminal Justice and Courts Act 2015 ]. The MG3 must be submitted to the DLA before the consent of the AG is sought.

B. There are also a number of areas of casework that were previously dealt with by the DLA and lawyers in the Private Office Legal Team who have experience in dealing with these. Although Areas now deal with these cases,  the Private Office Legal Team can be consulted on cases when further advice is required. These categories include:

  • 'Year and a Day' cases which require the Attorney General's consent before proceedings are instituted (section 2 of the Law Reform [Year and a Day Rule] Act 1996);
  •  Publications likely to lead to the identification of a complainant in a sexual offence and other breaches of reporting restrictions;
  • Misconduct in a public office;
  • Decisions on whether to appeal a terminating ruling.

 C. The DLA's team (Private Office Legal Team) is also available as a point of reference in cases which are novel or complex. There are no formal rules as to the circumstances in which such a request may be made. The same inbox address/contact details may be used when appropriate queries arise; Principal.LegalAdvisor@cps.gsi.gov.uk

Notification Requirements

 In certain categories of cases there is also a requirement to notify the Private Office Legal Team of their existence:

  • Any investigation or case concerning persons of public prominence or involving offences which took place historically in institutional settings in accordance with the Directors letter to CCPs dated 19 December 2014. Each Area should have a nominated person to comply with this requirement.
  • In other circumstances the Director may require notifying of a particular types of cases, to the Private Office for monitoring or other purposes. Those instructions should be followed and will indicate where cases should be referred to the Private Office Legal Team.

 

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Referral of Cases to Private Office

  • Re-trial of serious offences - Part 10 Criminal Justice Act 2003.

Note: the personal consent of the DPP is required (or DLA where so authorised by the Director during the Director's absence).

In most, if not all cases, it is intended that the DLA will appear as Leading Counsel for the Crown. CPS Areas should therefore consult the DLA before considering the instruction to external counsel.

  • Jury Vetting - all requests for jury vetting must be referred to the Director.

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Referral of Cases to Press Office

HQ Press Office must be advised of any case which may attract national media interest. If in doubt please contact Area Communications / Press Officer.

Referrals and Notifications to the CCPs/DCCPs

Cases to be referred for Actions and Case Handling Decisions

The following cases must be referred to the CCP/DCCP (see Reinstitution of Proceedings, below):  

  • Murder
    • Conspiracy to commit murder
    • Attempted murder
    • Concealment of birth
    • Infanticide

Refer to Homicide: Murder and Manslaughter elsewhere in the Legal Guidance.

  • Riot
  • Any case involving the prosecution of a person with diplomatic immunity

Refer to Diplomatic Immunity and Diplomatic Premises elsewhere in the Legal Guidance.

  • Any offence by a solicitor representing a client
  • References by the Criminal Cases Review Commission to the Court of Appeal

Refer to Appeals from the Criminal Cases Review Commission elsewhere in the Legal Guidance, and also to Special Crime and Counter Terrorism Division. 

  • Conspiracy, attempt, incitement or aiding and abetting any of the offences above;
  • A decision to intervene in a non CPS prosecution;

Refer to Private Prosecutions elsewhere in the Legal Guidance.

  • Reinstitution of proceedings (CCP and DCCP)

Refer to Reconsidering a Prosecution Decision Re-institution of Proceedings elsewhere in the Legal Guidance. (Note: The authorisation for DCCPs was derived from the Attorney General's Written Ministerial Statement of 5 June 2013, and only applies to those cases which fall under the Victim's Right to Review policy.   All other decisions to reinstitute (including those made because of a police request for a review or new evidence) remain for the CCP or Head of Division only; the. (Note: The requirement for CCP authorisation is derived from an AG undertaking to Parliament and is not devolved to DCCPs at present.)

  • Re-trials for serious offences (Part 10, Criminal Justice Act 2003 - Double Jeopardy cases)

Refer to Retrial of Serious Offences elsewhere in the Legal Guidance.

  • Any case in which the prosecutor wishes to apply for consent to prefer a Voluntary Bill of Indictment. 

Refer to Voluntary Bills of Indictment elsewhere in the Legal Guidance.

  • PACE applications for personal records; trade / business material from a bank when section 7 Bankers' Books Evidence Act 1879 is not available; journalistic material;
  • Any case involving a fatal road traffic collision, including those where it is not proposed to proceed with an offence of causing death by dangerous or careless driving but where the driver was either:
    • unfit to drive through drink or drugs;
    • where the proportion of alcohol exceeded the prescribed limit; or
    • where the driver failed without reasonable excuse to provide a specimen for analysis.

    Refer to Road Traffic Offences Guidance on Prosecuting Cases of Bad Driving elsewhere in the Legal Guidance.

  • Motor manslaughter;
  • Appeals to the Court of Appeal.

Refer to Appeals to the Court of Appeal elsewhere in the Legal Guidance.

  • Cases involving allegations of criminal libel;
  • Cases involving applications to the Home Office for Resident Informant Status.

Refer to Covert Human Intelligence Sources elsewhere in the Legal Guidance.

  • Cases involving applications to the Attorney General for Nolle Prosequi.

Refer to Termination of Proceedings elsewhere in the Legal Guidance.

  • Cases or circumstances which may trigger a review of previously finalised cases.

Refer to Policy on Review of Previously Finalised Cases elsewhere in the Legal Guidance.

  • Any case involving the offence under section 10 of the Bribery Act 2010. Under section 10 of the Act, prosecution of these offences requires the personal consent of the DPP; prosecutors should refer any request for consent to their CCP or DCCP, or the Head or deputy Head of the Central Casework Division, for approval before submission to the DPP. The procedure for obtaining the DPP's consent is set out in the guidance on Consents to Prosecute.
  • Cases in which a charge of perverting the course of justice is being considered following retraction of a rape allegation.

Refer to Public Justice Offences elsewhere in the Legal Guidance.

  • Any case where charges under the Explosives Act 1883 (non-terrorism related) are being considered.  An application for the Attorney General's consent is required for such charges to be made, and should be approved by the CCP/DCCP. Guidance on the information and documentation needed to support such   applications can be found in Consents to Prosecute.
  • Where an investigation into contempt is required - the DCCP should be informed and should bring the matter to the immediate attention of the relevant Chief Superintendent and the Attorney General's Office.
  • All social media cases where the charging decision is to be made by CPSD lawyers need to be referred to the CCP or DCCP for CPS Direct for authorisation of charge. All other CPS Areas should consult with their local line management on how they will manage their respective authorisation processes to the PLA who will make the authorisation.

Prosecutors are reminded that any terrorism-related cases being considered under the Explosive Substances Act 1883 should continue to be referred to SCCTD

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Cases to be notified to the CCP or DCCP

The following cases must be notified to the CCP or DCCP: 

  • Cases involving any deaths which do not require referral to CCP (or DCCP) for actions and case handling decisions;
  • Cases that may raise national media interest;
  • Road traffic offences by members of the police, ambulance or fire services whilst on duty.

Refer to Allegations of Criminal Offences Against Police Officers and Other Persons Serving with the Police elsewhere in the Legal Guidance.

  • Where the judiciary directs that the papers are referred to the CPS for any reason.

See Judicial Comments elsewhere in the Legal Guidance.

  • Gaming betting and lottery offences;
  • Cases involving allegations of sexual offences committed abroad;
  • Cases in which a hypnotised witness is to be called to give evidence which will nearly always be in cases of unusual complexity and sensitivity.
  • Any case that raises issues of liability under section 5(1)(a) or section 5(1)(c) of the Sexual Offences Amendment Act 1992, or the defence under section 5(5) of the Act, or any unusual complexities.
  • All cases involving the breach of reporting restrictions under section 39 and section 49 of the Children and Young Persons Act 1933.

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Referral of Cases to the Area Complex Casework Unit

Complex casework to be dealt with in Area Complex Casework Units (CCU) will be mainly from Level 1 and Level 2 crimes with broadly defined characteristics of complexity that distinguish them from non-complex crime. The cases will normally bear one or more of the following characteristics:

  • Substantial and complex fraud.
  • Large scale human trafficking;
  • Serious drug related offences involving substantial importation, manufacture or supply, particularly with an international dimension.
  • Major targeted local criminals in organised or international crime.
  • Serial sexual assault where there has been a protracted investigation.
  • Large scale child abuse, abduction or paedophile abuse cases involving multi generational abuse of several victims.
  • Major large scale public disorder offences of a political, racial or religious nature, or which cause particular local concern.
  • Complex/serious cases involving professional misconduct.
  • Hate related murders.
  • "Mercy" killings/euthanasia. (To note 'suicide pacts' should be handled as a defence to murder, rather than a possible assisted suicide.)
  • High profile/multi-victim/multi-defendant murders.
  • Serious/complex animal rights extremism cases especially across several police force areas.
  • Complex restraint and confiscation of assets.
  • Rape offences involving unusual violence or repeated attacks.
  • Cases involving complicated PII issues.
  • Complicated betting/lotteries cases.
  • Sensitive, serious or complex cases of major media interest, e.g. allegations involving individuals or organisations with a high public profile. (Note: allegations against public figures of particular power and influence are normally dealt with in the Special Crime and Counter-Terrorism Division: refer to above referral criteria).
  • Cases requiring consideration of gross negligence manslaughter and any case involving a fatality in which the investigation is being conducted in accordance with the "Work Related Deaths" protocol (Note: Cases of corporate manslaughter are currently dealt with in the Special Crime and Counter-Terrorism Division).
  • Corporate manslaughter involving unincorporated partnerships (all other corporate manslaughter cases are currently dealt with in the Special Crime and Counter-Terrorism Division).
  • Cases where consideration is being given to issues of immunity and restricted use agreements under NCA 2005 (but not in relation to approving a letter of agreement with a co-operating defendant).
  • All applications for a witness anonymity order.
  • All cases involving the negotiation of jurisdiction with the USA.
  • All cases in which the CPS Regional Asset Team Recovery lawyer has been involved in advising upon prosecution (Applicable Areas only. Currently: London, West Midlands, NE England, NW England and Wales (not North).
  • Cases investigated by a Counter Terrorism Unit which fall short of being terrorist offences and thus are not prosecuted by the Special Crime and Counter-Terrorism Division (Applicable Areas only; currently: London, West Midlands, Greater Manchester and West Yorkshire).
  • Breach of sexual offence complainant anonymity requiring Attorney General's consent.
  • Any case that raises the issue of liability under section 5(1)(a) or section 5(1)(c) of the Sexual Offences (Amendment) Act 1992, or the defence under section 5(5), or any other other unusual complexities.
  • All cases involving a breach of reporting restrictions under section 39 and section 49 of the Children and Young Persons Act 1939.
  • Homicide cases where the death occurs either:
    • more than 3 years after an initial injury is sustained, or
    • after a person has previously been convicted of an offence committed in the circumstances connected with the death.

Prosecutors should refer to the legal guidance Homicide: Murder and Manslaughter elsewhere in the Legal Guidance.

There is a presumption that all cases in the Crown Court which are likely to last for 40 days or more and thus fall within the VHCC scheme will be dealt with by the CCU regardless of whether they have any of the above characteristics. This presumption can be overridden with the agreement of the Chief Crown Prosecutor if a VHCC case is considered to be suitable for handling by an Area operational unit.

In addition, cases may be referred to the CCU by agreement or at the direction of the Chief Crown Prosecutor and are likely to feature one or more of the following:

  • Unusual legal or evidential issues (including RIPA).
  • Extensive confiscation issues.
  • Significant or multiple foreign enquires or liaison with foreign law enforcement agencies.
  • Protected witness.
  • Resident source.
  • Extensive undercover police operations / multiple use of sources.

Arrangements for CPS London

Separate arrangements apply to the London Complex Casework Centre (CCC). Prosecutors should refer any queries to the CCP London or the Head of the London CCC.

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Procedure

For some cases, there is no special form for either referral or notification. However, the Principal Legal Advisor has set out specific arrangements for the referral of cases for his consideration.

For notification, a narrative report should be supplied for information, dealing particularly with the point giving rise to the need for notification.

The referral or notification should be through the normal line management channels.

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Annex A - Mandatory Referral of Cases by CPS Areas to HQ and Central Casework Divisions

Key

  • SCCTD - Special Crime and Counter-Terrorism Division
  • SFD - Specialist Fraud Division
  • ID - International Division
  • OCD - Organised Crime Division
  • POLT - Private Office Legal Team

Allegations against the Police

Allegations against police officers concerning deaths in police custody or following police contact - SCCTD (Special Crime Unit)

Allegations against police officers of seriously corrupt activity - SCCTD (Special Crime Unit)

Crimes against humanity

War crimes, crimes against humanity including torture and hostage taking - SCCTD (Counter Terrorism Unit)

CPS related issues

Cases against CPS and SOCA employees - SCCTD (Special Crime Unit)

Civil proceedings against the CPS - OCD (Central Confiscation Unit)

All CPS official overseas visits require written authorisation - ID

Deferred Prosecution Arrangements (DPAs) are being considered - SFD

Extradition and related matters

Extradition to other jurisdictions - OCD (Extradition Unit)

Non-European Arrest Warrant Import Extraditions to England and Wales (except NCA, Terrorism, Official Secrets, War Crimes or Race / Religious Hatred cases) - OCD (Extradition Unit)

Arrest warrants for private prosecutions - OCD (Extradition Unit)

Fraud

Cases investigated by HMRC, fiscal fraud investigated by the police and HMRC - SFD

Cases of non-fiscal fraud where the alleged loss is in excess of 1M and which are complex or highly sensitive - SFD

Cases where potential deferred prosecution arrangements (also known as DPAs) are being considered - SFD

Hatred, extremism and reckless conduct

Cases involving the intentional or reckless sexual transmission of infection - POLT

Incitement to hatred based on race, religion or sexual orientation - SCCTD (Counter Terrorism Unit)

Violent extremism - SCCTD (Counter Terrorism Unit)

Homicide and death related cases

Encouraging or assisting suicide - SCCTD (Special Crime Unit)

Euthanasia - SCCTD (Special Crime Unit)

Corporate Manslaughter - SCCTD (Special Crime Unit)

Deaths in custody (See also Allegations against the Police) - SCCTD (Special Crime Unit)

Disasters - SCCTD (Special Crime Unit)

Medical Manslaughter - SCCTD (Special Crime Unit)

Homicide cases where death occurs either (1) more than 3 years after an initial injury is sustained or (2) after a person has previously been convicted of an offence committed in circumstances connected with the death (Refer to Homicide: Murder and Manslaughter elsewhere in the Legal) - Area Complex Casework Units

Official Secrets

Official Secrets Act cases - SCCTD (Counter Terrorism Unit)

Proceedings in Higher Courts

Appeals to the Supreme Court - SCCTD (Appeals Unit)

Appeals to the Administrative court - SCCTD (Appeals Unit)

Appeals to the Court of Appeal in respect of cases lodged on or after 18 October 2010 - SCCTD (Appeals Unit)

Potential applications for High Court Serious Crime Prevention Orders, Civil Asset Recovery; and pre-POCA High Court restraint and receivership work - SCCTD (Appeals Unit)

Unduly lenient sentences - SCCTD (Appeals Unit)

Prosecution Related Issues

Area and Complex Casework cases involving immunity from prosecution and undertakings as to the use of evidence (section 71, section 72 and section 74(2)(a) of the Serious Organised Crime and Police Act 2005).  Note: cases falling under section 74(2)(b) and (c) must also be referred in certain circumstances - POLT

Pre-CPS (that is, pre-1986) cases referred by the Criminal Cases Review Commission - SCCTD (Appeals Unit)

Jury Vetting Requests for jury vetting must be referred to the DPP - DPP/Private Office

Applications for non-jury trials under section 44 of the Criminal Justice Act 2003 - POLT

Heroic Acts by Police Officers and Firefighters Section 7 Health and Safety At Work Act 1974 - SCCTD (Special Crime Unit)

Cases raising liability issues under section 5(1)(a) or 5(1)(c) of the Sexual Offences Amendment Act 1992, or the defence at section 5(5) of the same Act, or any other unusual complexities - Area Complex Casework Units 

All cases involving the breach of reporting restrictions under sections 39 and 49 of the Children and Young Persons Act 1933 - Area Complex Casework Units   

Private Prosecutions - SCCTD (Special Crime Unit)

Public Life

Cases involving public figures with a nationally high profile - SCCTD (Special Crime Unit)

Cases involving the disclosure of confidential information by public servants to journalists - SCCTD (Special Crime Unit)

Election offences - SCCTD (Special Crime Unit)

Serious Public Corruption (except cases submitted by NCA) - SCCTD (Special Crime Unit)

Bribery

Foreign bribery and associated offending - SFD

Other domestic bribery and corruption - SFD/SCCTD (Crime Unit)

Re-trial of serious offences

Re-Trial of Serious Offences Part 10 Criminal Justice Act 2003  - DPP

The personal consent of the DPP is required (or as authorised by the Director during the Director's absence - contact the POLT).

Terrorism

Acts of terrorism or terrorist related offences - SCCTD

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Annex B - Monitoring of Casework: Notification of case details to Headquarters and Central Casework Divisions as per instructions

Note: A reference to Chief Crown Prosecutor will be taken to mean 'Chief Crown Prosecutor or Deputy Chief Crown Prosecutor'.

Procedural Failures

Custody Time Limit Failure - Opertaions Directorate for the DPP

Monitoring of Casework

Appeals against conviction and/or sentence to the Court of Appeal; Appeals by way of case stated; Judicial Review - CPS Appeals Units, SCCTD

Applications to the ECHR - Operations Directorate (Policy Helpdesk) - to discuss response and maintain central record

Cases which may attract media interest - Press Office

Cases which may trigger a review of previously finalised cases -  Operations Directorate (Policy Helpdesk) and CCP

Reasonable Chastisement Defence - all cases in which the defence of 'reasonable chastisement' has been raised and there is a decision to charge - Operations Directorate

Third Party Costs Order for Serious Misconduct - Applications against the media - Operations Directorate and Press Office

Female Genital Mutilation cases - Operations Directorate (Policy Helpdesk)

Violent or Domestic Extermism cases - Special Crime and Counter Terrorism Divison (VE or DE Co-ordinator)

Cases of Non Accidental Head Injury (NAHI) in which the defence seek to challenge 'the Triad' diagnosis by introducing biomechanical evidence or by 'unified hypothesis' - Operations Directorate (Policy Helpdesk)

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