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The Role of The Crown Prosecution Service

The Crown Prosecution Service is the government department responsible for prosecuting criminal cases investigated by the police in England and Wales.

As the principal prosecuting authority in England and Wales, we are responsible for:

  • advising the police on cases for possible prosecution
  • reviewing cases submitted by the police
  • determining any charges in more serious or complex cases
  • preparing cases for court
  • presenting cases at court

Find out more about the role of the Crown Prosecution Service

CPS clarifies access to prosecution material

04/11/2004

The Crown Prosecution Service has issued clarification on access by the media to prosecution material and has given more detail of what material can be released.

The aim of the CPS is to ensure the principle of open justice is maintained - that justice is done and seen to be done - while at the same time balancing the rights of defendants to a fair trial and any likely consequences for victims or their families and witnesses by the release of prosecution material to the media.

Following guidance issued recently, it has become clear that further clarification is needed and this is set out below.

Prosecution material which is considered to be non-contentious and can usually be released to the media once it has been shown to a jury, or after a trial includes:

  • Maps/photographs (including custody photos of defendants)/diagrams
  • Videos showing scene of crime as recorded by police after the event
  • Videos of property seized (e.g. weapons, clothing as shown to jury in court, drugs haul or stolen goods)
  • Sections of transcripts of interviews/statements as read out (and therefore reportable, subject to any orders) in court;
  • Videos or photographs showing reconstructions of the crime.

Prosecution material which may be released after consideration by the Crown Prosecution Service includes:

  • CCTV footage of defendant (especially where it shows defendant and/or victim shortly before or during the crime) which has been viewed by jury and public in court;
  • Video and audio tapes of police interviews with defendants, victims and witnesses;
  • Victims' statements;
  • Psychiatric or medical statements.

The CPS' policy on victims and witnesses gives a commitment to treating them with respect and senstivity and taking all practicable steps to help them through the often difficult experience of becoming involved in the criminal justice system. Where victims, or the families of deceased victims, and witnesses have a particular objection to certain prosecution material being released to the media then these views will be taken into account in making a decision.

Media enquiries to CPS Press Office on 020 7710 6091 or 6088.