Cases To Be Referred Or Notified To The CCP (ACCP In London)
Principle
Decisions on where cases are to be handled should be made quickly to avoid unnecessary delay.
Some cases require special treatment because of the type of offence or the circumstances of the offender.
Areas conduct the majority of cases received by them, other than those which must be referred to the Casework Directorate <refer to Casework Directorate - Criteria for Referral, elsewhere in this guidance>.
CCPs (ACCPs in London) have a discretion in cases other than those which must be referred to the Casework Directorate, to decide where and by whom cases should be handled.
Guidance
Cases To Be Referred To CCP (ACCP In London) For A Decision On Actions And Case Handling
Certain categories of cases must be referred to the CCP (the appropriate ACCP in London) for a decision as to actions and case handling. The following is a list of those cases which must be referred to the CCP (the appropriate ACCP in London) for a decision as to actions and case handling.
- Substantial fraud offences and large scale conspiracies, particularly where reference may be made to Central Confiscation Branch. <see <Transfers in Serious and Complex fraud cases> <Fraud> and <Confiscation>, elsewhere in this guidance>.
- Serious drugs related offences involving a substantial importation, manufacture or supply, particularly where there is likely to be reference to Central Confiscation Branch. <See <Drugs Offences> and <Confiscation> elsewhere in this guidance>.
- Riot
- Conspiracy or incitement to commit murder. <See Homicide, elsewhere in this guidance>
- Attempted murder.
- Concealment of birth.
- Infanticide.
- Homicide cases which are sensitive because of the conduct of a person acting in a professional capacity, e.g. a doctor <refer to Casework Directorate - Criteria for Referral in this guidance>.
- Rape or buggery offences involving unusual violence or repeated attacks, e.g. a serial rapist.
- Large scale disorder offences of particular concern involving complex legal issues or where there is a significant political or racial element. <see Public Order Offences> and <Racially aggravated crime> elsewhere in this guidance>.
- Any case involving the prosecution of a person with diplomatic immunity. <see Diplomatic Immunity and Diplomatic Premises, elsewhere in this guidance>.
- Any offence by a solicitor representing a client. <see complaints against solicitors and barristers, elsewhere in this guidance>.
- References by the Criminal Cases Review Commission to the Court of Appeal under S9 Criminal Appeal Act 1995. <see CCRC, elsewhere in this guidance>.
- 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; Relations with other Prosecuting agencies; elsewhere in this guidance>.
- Reinstitution of proceedings <refer to Reinstitution of Proceedings, elsewhere in this guidance>.
- Applications for voluntary bills where the defendant has been discharged at committal. <See Voluntary Bills, elsewhere in this guidance>.
- PACE applications for personal records; trade/business material from a bank when S7 Bankers' Books Evidence Act 1879 is not available; journalistic material.
- Any case involving a fatal road traffic incident 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 Drink/Driving offences; Driving offences, elsewhere in this guidance>.
- Appeals to the Court of Appeal <See Appeals to the Court of Appeal, elsewhere in this guidance>.
- Cases involving allegations of criminal libel.
- Motor manslaughter <refer to Drink/Driving offences; Driving offences, elsewhere in this guidance>.
- Cases involving applications to the Home Office for Resident Informant Status <refer to Police Sources (Informants) Undercover Operations and other Sensitive Investigative Techniques, elsewhere in this guidance>.
- Cases involving applications to the Attorney General for Nolle Prosequi <See Termination of Proceedings, elsewhere in this guidance>.
Cases To Be Notified To CCP (ACCP In London)
In certain categories of cases the CCP (the appropriate ACCP in London) must be notified of the case details. The following is a list of those cases which must be notified to the CCP (the appropriate ACCP in London).
- Any decision to apply for a voluntary bill of indictment (to be notified before submission of the application) <See Voluntary Bill, elsewhere in this guidance>
- Cases involving any deaths; <See Homicide; Corporate Manslaughter> elsewhere in this guidance.
- Cases that may raise national media interest.
- Road traffic offences by members of the police, ambulance and fire services whilst on duty. <See Guidance on the handling of allegations of criminal offences against police officers, elsewhere in this guidance>.
- Where the judiciary directs that the papers are referred to The CPS for any reason <See Judicial comments, elsewhere in this guidance>.
- Gaming, betting and lottery offences (but national schemes/games/lotteries should be referred to the Casework Directorate <refer to Casework Directorate - Criteria for Referral, elsewhere in this guidance>.
- Cases involving allegations of sexual offences committed abroad: Sexual Offences Act 1997 <see Sexual Offences, elsewhere in this guidance>.
- Cases in which a hypnotised witness is to be called which will nearly always be of unusual complexity and sensitivity <see Hypnosis, elsewhere in this guidance>.
Procedure
There is no special form for either referral or notification. For referral, sufficient information should be supplied to enable the CCP (ACCP in London) to make an informed decision as to who should handle the case.
For notification, a narrative report should be supplied for information, dealing particularly with the point giving rise to the need for notification, of course.
The referral or notification should be through the normal line management channels.
Useful links
Other sections within this guidance, as follows:
<Casework Directorate - Criteria for Referral>
<Transfers in Serious and Complex Fraud Cases>
<Fraud>
<Confiscation>
<Drugs Offences (Legal Guidance)>
<Homicide>
<Public Order Offences>
<Racially aggravated crime>
<Diplomatic Immunity and Diplomatic Premises>
<Complaints against solicitors and barristers>
<Criminal Cases Review Commission>
<Private Prosecutions>
<Relations with other Prosecuting Agencies (Trial Issues and Sentencing)>
<Voluntary Bills>
<Drink/Driving offences>
<Driving Offences>
<Police Sources, (Informants), Undercover Operations and other Sensitive Investigative Techniques>
<Termination of Proceedings>
<Corporate Manslaughter>
<Handling of allegations of criminal offences against police officers>
<Judicial comments>
<Sexual Offences>
<Hypnosis>
v1.1