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Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

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Deaths in custody, allegations against the police, corporate manslaughter, medical manslaughter, serious public corruption, election offences, appeals to the House of Lords and extradition are just some of the types of cases dealt with by specialist Crown Prosecutors in the Special Crime Division.

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CPS Statement - Shooting of Jean Charles de Menezes

13/02/2009

Stephen O’Doherty, reviewing lawyer, CPS Special Crime Division, said today that following a review of evidence after the inquest into the death of Jean Charles de Menezes he had found insufficient evidence to prosecute any individual police officer. 

Mr ODoherty said: "Following the inquest into the death of Jean Charles de Menezes and the subsequent open verdict returned by the jury, I conducted a further review of the case in light of the fresh evidence uncovered by the inquest.

"I have now concluded that there is insufficient evidence that any offence was committed by any individual officers in relation to the tragic death of Mr de Menezes.

"In reaching this decision, I considered the whether the officers known as C2 and C12 acted in self defence in shooting Mr de Menezes and also whether they lied to the inquest about what was said and done immediately before the shooting.

"The answers the jury provided to specific questions they were asked by the coroner made it clear, albeit to a civil standard, that the jury did not accept the officers accounts of what happened. However, although there were some inconsistencies in what the officers said at the inquest, there were also inconsistencies in what passengers had said. I concluded that in the confusion of what occurred on the day, a jury could not be sure that any officer had deliberately given a false account of events.

"I also considered the actions of the individual officers in the police management team on that day and considered whether there was sufficient evidence to charge any of them with gross negligence manslaughter. There was no fresh evidence from the inquest which caused me to change my original decision that there was insufficient evidence to do so.

"I have today written to the de Menezes family explaining my decision."

Ends

  1. Media enquiries to CPS Press Office on 020 7796 8127 or 020 7796 8102.
  2. The original CPS decision in this case can be found here;

    CPS decision.

  3. The Crown Prosecution Service is the independent authority responsible for prosecuting criminal cases investigated by the police in England and Wales. It is responsible for:
    • Advising the police and reviewing the evidence on cases for possible prosecution
    • Deciding the charge where the decision is to prosecute
    • Preparing cases for court
    • Presenting cases at court
  4. The CPS consists of 42 Areas in total, each headed by a Chief Crown Prosecutor (CCP). A telephone service, CPS Direct, provides out-of-hours advice and decisions to police officers across England and Wales. The CPS employs around 8,400 people and prosecuted 1,091,250 cases with an overall conviction rate of 85.1% in 2007-2008.

    More about the CPS

  5. The CPS, together with ACPO and media representatives, has developed a Protocol for the release of prosecution material to the media. This sets out the type of prosecution material that will normally be released, or considered for release, together with the factors we will take into account when considering requests.

    Publicity and the Criminal Justice System protocol