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Prosecution Policy and Guidance

Title

The Code for Crown Prosecutors

Description

Issued under Section 10 of the Prosecution of Offences Act giving guidance on the general principles to be applied when making decisions about prosecutions.

Format

Available online in this section and also to download in Adobe Acrobat PDF in various languages:
The Code for Crown Prosecutors

Title

The decision to prosecute

Description

This explains how prosecution decisions are reached.

Format

Available online in the Victims and Witnesses section and also to download in Adobe Acrobat PDF in various languages:
The decision to prosecute
The decision to prosecute - English - PDF
The decision to prosecute - Arabic - PDF
The decision to prosecute - Bengali - PDF
The decision to prosecute - Chinese - PDF
The decision to prosecute - French - PDF
The decision to prosecute - Gujarati - PDF
The decision to prosecute - Polish - PDF
The decision to prosecute - Punjabi - PDF
The decision to prosecute - Somali - PDF
The decision to prosecute - Tamil - PDF
The decision to prosecute - Urdu - PDF
The decision to prosecute - Welsh - PDF

Title

The Director's Guidance on Charging

Description

Guidance to Police Officers and Crown Prosecutors issued by the Director of Public Prosecutions under S37A of the Police and Criminal Evidence Act 1984. Second Edition: January 2005

Format

Available online in the Director's Guidance section and to download in Adobe Acrobat PDF
The Director's Guidance on Charging
The Director's Guidance on Charging - PDF

Title

The Director's Guidance on Adult Conditional Cautions

Description

Guidance to Police Officers and Crown Prosecutors issued by the Director of Public Prosecutions under Section 37A of the Police and Criminal Evidence Act 1984.

Format

Available online in the Director's Guidance section and to download in Adobe Acrobat PDF
The Director's Guidance on Adult Conditional Cautions
The Director's Guidance on Adult Conditional Cautioning - PDF

Title

The Director's Guidance on Youth Conditional Cautions

Description

Guidance to Police Officers and Crown Prosecutors issued by the Director of Public Prosecutions under Section 37A of the Police and Criminal Evidence Act 1984.

Format

Available online in the Director's Guidance section and to download in Adobe Acrobat PDF
The Director's Guidance on Youth Conditional Cautions
The Director's Guidance on Youth Conditional Cautioning - PDF

Title

Director's General Instructions to CPS Associate Prosecutors

Description

General Instructions to Crown Prosecution Service Associate Prosecutors, pursuant to Section 7A(3) and (4) of the Prosecution of Offences Act 1985.

Format

Available online in this section
Director's General Instructions to CPS Associate Prosecutors

Title

The Director's Guidance on Witness Anonymity

Description

This Guidance must be read in conjunction with the Attorney General's Guidelines on The Prosecutor's Role in Applications for Witness Anonymity Orders. The Guidelines and this Guidance set out how Crown Prosecutors must deal with applications for anonymity under the 2008 Act, and associated matters.

Format

Available online in the Director's Guidance section
The Director's Guidance on Witness Anonymity

Title

Supporting victims and witnesses with a learning disability

Description

This document is a 'public policy statement'. It explains how the Crown Prosecution Service (CPS) will deal with cases which involve victims and witnesses who have a learning disability.

Format

Available to download in Adobe Acrobat PDF
Supporting victims and witnesses with a learning disability - English - PDF
Supporting victims and witnesses with a learning disability - Welsh - PDF
Supporting victims and witnesses with a learning disability - Easy Read - PDF

Title

Values into Action - Consultation on cases involving people with learning difficulties

Description

A report by Values into Action for the CPS following a consultation event with people with learning difficulties held in March 2009.

Format

Available online in this section
Values into Action - Consultation on cases involving people with learning difficulties

Title

Supporting victims and witnesses with mental health issues

Description

This document is a 'public policy statement'. It explains how the Crown Prosecution Service (CPS) will deal with cases which involve victims and witnesses who have mental health issues.

Format

Available to download in Adobe Acrobat PDF
Supporting victims and witnesses with mental health issues - English - PDF
Supporting victims and witnesses with mental health issues - Welsh - PDF
Supporting victims and witnesses with mental health issues - Easy Read - PDF

Title

Shaping Our Lives - Consultation on cases involving people with mental health problems

Description

A May 2009 consultation report by Shaping our Lives on the CPS Policy on prosecuting criminal cases involving people with mental health problems as victims and witnesses.

Format

Available online in this section
Shaping Our Lives - Consultation on cases involving people with mental health problems

Title

The Conditional Caution for victims

Description

This leaflet explains what a Conditional Caution is, when it might be used and how it can help victims of crime.

Format

Available to download in Adobe Acrobat PDF
The Conditional Caution for victims - English - PDF
The Conditional Caution for victims - Welsh - PDF

Title

Restorative Justice and the Conditional Caution for victims

Description

The information in this leaflet is short and general. It explains what restorative justice (RJ) is and how it can be used with a Conditional Caution. You should read this leaflet together with the general Conditional Caution leaflet.

Format

Available to download in Adobe Acrobat PDF
Restorative Justice and the Conditional Caution for victims - English - PDF
Restorative Justice and the Conditional Caution for victims - Welsh - PDF

Title

The Conditional Caution for offenders

Description

This leaflet explains what a Conditional Caution is and when it might be used.

Format

Available to download in Adobe Acrobat PDF
The Conditional Caution for offenders - English - PDF
The Conditional Caution for offenders - Welsh - PDF

Title

Restorative Justice and the Conditional Caution for offenders

Description

The information in this leaflet is short and general. It explains what restorative justice (RJ) is and how it can be part of a Conditional Caution. You should read this leaflet together with the general Conditional Caution leaflet.

Format

Available to download in Adobe Acrobat PDF
Restorative Justice and the Conditional Caution for offenders - English - PDF
Restorative Justice and the Conditional Caution for offenders - Welsh - PDF

Title

CPS instructions for Prosecuting Advocates

Description

These instructions are incorporated into every prosecution brief. Any advocate prosecuting on behalf of the Crown Prosecution Service will be expected to be familiar with the material in the booklet and to apply these instructions. Please note that this will take you to the Legal Guidance section on this website.

Format

Available online in the Legal Guidance section on this website
CPS instructions for Prosecuting Advocates

Title

Legal Guidance Manual

Description

This is an electronic manual containing 160 sections that are routinely updated. It provides guidance and advice to prosecutors and caseworkers in relation to criminal offences and procedural issues. This guidance does not override the principles set out in the Code for Crown Prosecutors.

Format

Available online on this website
Legal Guidance Manual

Title

Joint operational instructions for the disclosure of unused material

Description

These instructions assist CPS and police practitioners to perform their disclosure duties consistently and effectively. They are designed to provide a practical guide to disclosure principles and procedures, building on the framework of the Act, the Code and the Attorney General's Guidelines

Format

Available to download in Adobe Acrobat PDF
Joint operational instructions for the disclosure of unused material - PDF

Title

Guidance Booklet for Experts – Disclosure: Experts' Evidence, Case management and Unused Material

Description

The instructions contained in this new edition of the booklet are designed to provide a practical guidance to preparing expert evidence and the disclosure obligations for expert witnesses instructed by the Prosecution Team. When properly applied, these instructions will assist expert witnesses, investigators and prosecutors to perform their disclosure duties effectively fairly and justly. The booklet has been produced in conjunction with the Association of Chief Police Officers and others. The information continued in it is the same as that in Annex K of the Disclosure Manual available on this website.

Format

Available to download in Adobe Acrobat PDF
Guidance Booklet for Experts – Disclosure: Experts' Evidence, Case management and Unused Material – PDF

Title

Your meeting with the CPS - Special measures guidance to assist vulnerable or intimidated witnesses

Description

Information for witnesses who have requested special measures to assist them to give evidence in court.

Format

Available online in this section and to download in Adobe Acrobat PDF
Your meeting with the CPS - Special measures guidance to assist vulnerable or intimidated witnesses

Title

Achieving best evidence in criminal proceedings: Guidance on interviewing victims and witnesses, and using special measures

Description

Produced by the Ministry of Justice, the CPS, the Department for Education, the Department of Health and the Welsh Assembly government, this guidance describes good practice in interviewing witnesses, including victims, to enable them to give their best evidence in criminal proceedings.
It considers preparing and planning for interviews with witnesses that will be used in court, decisions about whether or not to conduct an interview, and whether a written statement taken following the interview would be more appropriate than a video recording. It applies to prosecution and defence witnesses and is for everyone involved in relevant investigations, including the police, adults and children’s social care workers, and members of the legal profession. This 2011 revision replaces the 2007 revision of the original document published in January 2002.

Format

Available to download in Adobe Acrobat PDF
Achieving Best Evidence in Criminal Proceedings - PDF

Title

Farquharson Committee Guidelines

Description

New guidelines launched in 2002 that outline the role and responsibilities of the Prosecution Advocate. The work is the product of the BAR/CPS Standards Group and the Guidelines build on, and develop, the principles established by the Farquharson Committee in 1986 and are intended to provide practical guidance for all prosecutors.

Format

Available online in this section and to download in Adobe Acrobat PDF
Farquharson Committee Guidelines
Farquharson Committee Guidelines - PDF

Title

Narrowing the Justice Gap

Description

Explains what the justice gap is and why it is important; looks at some of the reasons why cases fall out of the system; describes what action is being taken nationally and what can be done locally to narrow the justice gap; explains what steps criminal justice practitioners need to take to narrow the gap.

Format

Available online in this section and to download in Adobe Acrobat PDF
Narrowing the Justice Gap
Narrowing the Justice Gap - PDF

Title

Provision of therapy for vulnerable or intimidated adult witnesses prior to a criminal trial - Practice guidance

Description

Practice Guidance issued as part of the Home Office Co-ordinated Action for Justice Programme. The Guidance was published on 24 January 2002 and complements similar guidance for child witnesses, which was published on 8 February 2001.

Format

Available online in this section and to download in Adobe Acrobat PDF
Provision of therapy for vulnerable or intimidated adult witnesses prior to a criminal trial - Practice guidance
Provision of therapy for vulnerable or intimidated adult witnesses prior to a criminal trial - Practice guidance - PDF

Title

Provision of therapy for child witnesses prior to a criminal trial – Practice guidance

Description

The CPS, the Department of Health and the Home Office have worked together to produce this guidance which is issued as part of the Action for Justice Programme. The guidance is primarily for the assistance of child care professionals and lawyers involved in making decisions about the provision of therapeutic help for child witnesses prior to a criminal trial.

Format

Available online in this section and to download in Adobe Acrobat PDF
Provision of therapy for child witnesses prior to a criminal trial – Practice guidance
Provision of therapy for child witnesses prior to a criminal trial – Practice guidance - PDF

Title

Rape

Description

Policy for prosecuting cases of rape

Format

Available online in this section and available to download in Adobe Acrobat PDF
Policy for prosecuting cases of rape
Policy for Prosecuting Cases of Rape - PDF
Policy for Prosecuting Cases of Rape - Welsh - PDF

Title

Assisted suicide

Description

Policy for prosecuting cases of assisted suicide and further information.

Format

Available online in this section
Assisted suicide

Title

Domestic violence

Description

Policy for prosecuting cases of domestic violence and further information.

Format

Available online in this section
Domestic violence

Title

Homophobia and transphobia

Description

Policy for prosecuting cases with a homophobic and transphobic element and further information.

Format

Available online in this section
Homophobia and transphobia

Title

Racist and religious crime

Description

Policy for prosecuting cases with a racist or religious element and further information.

Format

Available online in this section
Racist and religious crime

Title

Disability hate crime

Description

Policy for prosecuting cases of disability hate crime and further information.

Format

Available online in this section
Disability hate crime

Title

Crimes against older people - prosecution policy introductory leaflet

Description

This leaflet introduces the CPS prosecution policy document Crimes Against Older People.

Format

Available to download in Adobe Acrobat PDF
Crimes against older people prosecution policy introductory leaflet - English - PDF
Crimes against older people prosecution policy leaflet - Welsh - PDF

Title

Crimes against older people - prosecution policy

Description

This document explains the way in which we deal with crimes against older people and how we support older people who are victims and witnesses of crime.

Format

Available to download in Adobe Acrobat PDF
Crimes against older people - prosecution policy - English - PDF
Crimes against older people - prosecution policy - Welsh - PDF

Title

Policy for prosecuting cases of bad driving

Description

Public statement that explains the way in which we, the CPS, deals with cases involving bad driving.

Format

Available online in this section and to download in Adobe Acrobat PDF
Policy for prosecuting cases of bad driving
Policy for prosecuting cases of bad driving - English - PDF
Policy for prosecuting cases of bad driving - Welsh - PDF

Title

Witnesses and best evidence - About meeting with the Crown Prosecution Service prosecutor

Description

Gives information to witnesses about meeting with the CPS to discuss what special court measures may help them give their best evidence at court.

Format

Available online in this section
Witnesses and best evidence - About meeting with the Crown Prosecution Service prosecutor

Title

Pre-trial witness interviews by prosecutors

Description

This paper considers the desirability of allowing prosecutors direct access to witnesses in order for their reliability and credibility to be assessed and seeks views on the issues likely to arise from direct contact between prosecutor and witness pre-trial.

Format

Available to download in Adobe Acrobat PDF
Pre-trial witness interviews by prosecutors - PDF

Title

CPS prosecution strategy concerning criminal activity targeting the biotechnology industry and related interests

Description

This document sets out the approach of the Crown Prosecution Service (CPS) to the prosecution of criminal offences committed against the biotechnology industry and related lawful interests.

Format

Available online in this section and to download in Adobe Acrobat PDF
CPS prosecution strategy concerning criminal activity targeting the biotechnology industry and related interests
CPS prosecution strategy concerning criminal activity targeting the biotechnology industry and related interests - PDF

Title

Householders and the use of force against intruders

Description

This document summarises the position when you are faced with an intruder in your home, and provides a brief overview of how the police and CPS will deal with any such events.

Format

Available online in this section and to download in Adobe Acrobat PDF
Householders and the use of force against intruders
Householders and the use of force against intruders - English - PDF
Householders and the use of force against intruders - Welsh - PDF

Title

CPS Policy for Prosecuting Cases of Human Trafficking

Description

Following a public consultation in 2010, Keir Starmer QC, Director of Public Prosecutions, published the CPS Policy for Prosecuting Cases of Human Trafficking.

Format

Available to download in Adobe Acrobat PDF
CPS policy for prosecuting cases of human trafficking - English - PDF
CPS policy for prosecuting cases of human trafficking - Welsh - PDF

Title

Guidance to Prosecutors and Managers

Description

Charging guidance to Prosecutors and Managers on football related offences

Format

Available online in this section
Guidance to Prosecutors and Managers

Title

Prosecution Policy for Football Related Offences

Description

The Association of Chief Police Officers and the Crown Prosecution Service policy for football related offences.

Format

Available online in this section
Prosecution Policy for Football Related Offences

Title

Deaths in custody

Description

Explains the role of the Crown Prosecution Service when a person dies in custody.

Format

Available online in this section
Deaths in custody

Title

The Prosecutors' Pledge

Description

Are you a victim of crime? This sets out the support you can expect from prosecutors.

Format

Available online in this section
The Prosecutors' Pledge

Title

CPS policy on prosecuting criminal cases involving children and young people as victims and witnesses

Description

CPS policy on prosecuting criminal cases involving children and young people as victims and witnesses.

Format

Available online in the Victims and Witnesses section on this website
CPS policy on prosecuting criminal cases involving children and young people as victims and witnesses

Title

Violent extremism and related criminal offences

Description

This explains part of our strategy on violent extremism.

Format

Available online in this section
Violent extremism and related criminal offences

Title

Low Copy Number DNA analysis (LCN) - Prosecutors' checklist of questions

Description

This checklist of questions should be read in conjunction with the FSS General Statement on LCN DNA profiling.

Format

Available online in this section
Low Copy Number DNA analysis (LCN) - Prosecutors' checklist of questions

Title

Low Copy Number DNA testing in the Criminal Justice System

Description

This provides an assessment by the FSS on the reliability of the LCN technique generally.

Format

Available online in this section
Low Copy Number DNA testing in the Criminal Justice System

Title

Policy for prosecuting cases involving the intentional or reckless sexual transmission of infection

Description

This policy statement explains the way in which we, the Crown Prosecution Service [CPS], deal with cases involving the intentional or reckless sexual transmission of infection.

Format

Available online in this section
Policy for prosecuting cases involving the intentional or reckless sexual transmission of infection

Title

The CPS National Standards of Advocacy

Description

The CPS National Standards of Advocacy set out what we expect from all prosecution advocates, whether they are one of our own lawyers or a member of the private Bar.

Format

Available online in this section
The CPS National Standards of Advocacy

Title

The Counter-Terrorism Division of the Crown Prosecution Service

Description

Outlines responsibilities and work of the Counter-Terrorism Division and details recent cases prosecuted to conclusion.

Format

Available online in this section
The Counter-Terrorism Division of the Crown Prosecution Service