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Standard 8: Alteration explanation

We will explain our decisions to victims when we stop cases or substantially alter the charge

8.1   When proposing to stop a case, or to alter the charges substantially, we consult the police or other investigators, unless it is impracticable to do so, before reaching a final decision. When the proposed decision is based on public interest grounds, we take into account any views expressed by the victim about the impact that the offence has had. In appropriate cases, for example, a case of homicide or where the victim is a child or an adult who lacks capacity as defined by the Mental Capacity Act 2005, prosecutors should take into account any views expressed by the victim's family.

8.2   Where a prosecutor decides to stop a case or to make any substantial alteration to the charges faced by the defendant, he or she writes to the victim within a strict time limit to explain the reasons for his or her decision. The letter is tailored to the needs of the victim and the specific circumstances of the case.

8.3   The advocate should speak to vulnerable or intimidated victims face-to-face if they are at court on the day the decision is made, before we write to them.

8.4   Prosecutors offer to meet victims of certain specific offences in person to answer their questions about our written explanations.

8.5   Similar principles apply in serious or complex cases when we decide not to authorise the police or other investigators to charge a suspect, although in most cases the police or other investigators provide the explanation.