Managing prosecutions
The Code for Crown Prosecutors (the Code) is a public document that sets out the basic principles prosecutors should follow when they make decisions on cases. The Code sits alongside the Core Quality Standards booklet, and the two documents together let the public know what prosecutors do, including how they take their decisions and the level of service that the prosecution service is committed to providing in every key aspect of its work.
Although each case is unique and must be considered on its own facts and merits, there are certain general principles that apply to the way in which prosecutors must approach every case. They must be fair, independent and objective. They must not let any personal views about the ethnic or national origin, gender, disability, age, religion or belief, political views, sexual orientation or gender identity of the suspect, victim or any witness influence their decisions. It is their duty to make sure that the right person is prosecuted for the right offence. In doing so, prosecutors must always act in the interests of justice and not only for the purpose of obtaining a conviction.
Each case the prosecution service recieves from the police is reviewed to make sure that it is right to proceed with a prosecution. In more serious or complex cases, prosecutors are responsible for deciding whether a person should be charged with a criminal offence, and if so, what that offence should be.
When deciding whether a case should be prosecuted in the courts, prosecutors consider the alternatives to prosecution in appropriate circumstances. This includes a simple or conditional caution for adults or, for youths, a reprimand, warning or conditional caution.
Because circumstances can change, the prosecutor keeps the case under continual review. If the prosecutor is thinking of changing the charges or stopping the case, he or she will contact the police wherever possible. This gives the police the chance to provide more information that may affect the decision. Although the police and the CPS work closely together, we are completely independent of each other and the final responsibility for the decision as to whether or not to proceed with an offence that has been charged rests with the prosecution service. Click on the links below to find out more about what can happen in a prosecution.
