Consultation on “gang” related offences guidance and musical expression in evidence
This consultation is now open
The Crown Prosecution Service (CPS) issues guidance to prosecutors on ‘gang’-related offending. The current guidance was published in 2020 to support the then Government’s Serious Violence strategy and following David Lammy MP’s 2017 review of disparity in the criminal justice system in (Lammy Review - GOV.UK). That review, along with subsequent academic research, raised concerns that narratives around ‘gang’ offending may be racially discriminatory. At the same time, other research highlights that ‘gang’-related offending remains a serious social issue.
The CPS is now reviewing this guidance, with a view to a substantive update following the collection and analysis of a full year’s data from a national monitoring scheme on secondary liability (joint enterprise) in homicide and attempted homicide cases. During this work, stakeholders have suggested that the current guidance on ‘gang’-related offending could be improved.
Through this consultation, we are seeking views on how CPS guidance can be strengthened, ensuring it supports fair, consistent decision-making while reflecting the complexities and sensitivities surrounding ‘gang’-related offending.
It is important to note that there are existing legal safeguards about such “bad character” evidence and the admissibility of evidence more broadly. What the prosecution is allowed to present to a Jury can be challenged by defence lawyers and is ultimately a matter for a Judge to rule on. This guidance concerns the manner in which the prosecutor frames the case and presents evidence and legal argument on these issues.
How to Respond
It would be helpful if you could give your feedback using our online form Consultation on “gang” related offences guidance and musical expression in evidence – Fill in form for ease of analysis.
We would prefer electronic submissions via the form above if possible but, if you would rather submit your feedback in hard copy please use the response form and return it by the same date, to:
Gangs’ guidance and musical expression consultation
Senior Policy Advisor, Policy Directorate
Crown Prosecution Service
10th Floor 102 Petty France
London SW1H 9EA
Please include your organisation (if applicable) in any response.
You can also download a response form, complete it, and return it to [email protected] by midnight on Thursday 22 January 2026.
If you are replying by email, we would be grateful if you would not attach any other documents to the consultation response form document. There are limits on the size of documents that we are able to accept and any completed response form document which has an attachment runs the risk of not being delivered. If you wish to send an attachment to us or raise any queries that you have on the consultation, these can be submitted separately to the same e-mail address shown above.
Next Steps
After the consultation closing date, we will consider every individual response received. A summary of the consultation responses will be published on the CPS website in accordance with the Government's guidelines.
We look forward to receiving your response.
How we handle your data - Disclosure of responses
The CPS aims to be transparent in its handling of consultation responses, and to explain the basis of our decision making.
We may publish or disclose extracts or full responses, and we may attribute these to particular organisations that respond to the consultation. Therefore, please do not share any information in your response which you would not be happy for us to make publicly available.
We may also include a list of the names of organisations in any final report or summary of consultation responses that we publish.
Additionally, we may receive a request to disclose responses or to identify respondent organisations, such as a request under the Freedom of Information Act 2000 (FOIA), and we may be required to disclose such information.
Respondents do not need to provide their personal data (such as the name of an individual) when they provide a response but if they are responding on behalf of an organisation, this should be made clear in the response.
Responses may be shared with other Government Departments. Where this does happen, the responses shared will have the personal information of individual respondents removed.
We will treat all responses as recorded information in accordance with the FOIA. Please note that we will disregard automatic confidentiality statements generated by an IT system.
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We reserve the right to utilise Artificial Intelligence (AI) to draw insights from consultation responses.
Consultation content
‘Gangs’ guidance consultation
The CPS guidance on ‘gang’-related offending is intended to emphasise the importance of guarding against unconscious bias and making assumptions based on racial stereotypes. Some argue, however, that the mere existence of guidance on this issue is problematic, in that it may inadvertently reinforce such concepts, and that specifically drawing attention to the concept in separate guidance might be less preferable than other measures to guard against unconscious bias.
Question 1:
In your view, should the CPS continue to have separate guidance on “gang” related offences? If not, should it address unconscious bias in other guidance, such as the joint enterprise guidance?
The term “gang” (often used interchangeably with “street gang”) can be defined in various ways to describe a wide range of collective behaviour or allegiance in the context of criminal offending - from localised street activity to international organised crime. Stakeholders have adopted different definitions, and some examples are shown below.
Question 2:
In your view, how should the Crown Prosecution Service (CPS) define the term “gang” in its guidance (whether specific guidance, or in its guidance in general)?
Examples:
| Section 34(5) of the Policing and Crime Act 2009, as amended by the Serious Crime Act 20151 | A group that a) consists of at least three people and b) has one or more characteristics that enable its members to be identified by others as a group. Examples include: a common name, emblem or colour, a leadership or command structure, association with a particular geographical area and involvement in particular unlawful activity. |
|---|---|
| Metropolitan Police Service2 | A relatively durable, predominantly street-based group of young people who see themselves as a discernible group, have identifiable structural features and engage in criminal activity and violence. |
| Youth Endowment Fund3 | A group of young people who think of themselves as a gang, probably with a name, and are involved in violence or other crime. |
| HMICFRS4 | Criminal groups concerned with perpetuating a threat of violence or harm across a geographical area related to their main activities. Gangs tend to be less organised or co-ordinated than organised crime groups, but their criminal activity often overlaps with OCGs. |
- Statutory Guidance, Injunctions to Prevent Gang-Related Violence and Gang-Related Drug Dealing, Revised Guidance
- Serious youth violence: County lines drug dealing and the Government response CBP-9264.pdf
- Youth Endowment Fund, Children, violence and vulnerability 2024, Report 1 CVV24_R1_OverallViolence.pdf
- Urban street gangs - His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services
The current CPS guidance states that prosecutors should guard against unconscious bias and should not make assumptions about gang membership.
Question 3:
Is this the correct approach for the CPS to set out in its guidance, and if so, what else can be included in guidance to ensure prosecutors guard against racial stereotypes concerning gang membership or affiliation?
Question 4:
Is there anything else you think CPS guidance on “gang related offences” should include to support fair, effective and independent prosecutorial decision making?
Musical expression consultation
Stakeholders have noted some concerns regarding the use of ‘drill’ music as evidence in some prosecutions. Academic research has suggested that the use of drill music as evidence can reinforce disproportionality and racially discriminatory practices.
The CPS has not previously issued discrete guidance to prosecutors on the use of music as evidence, however, the current guidance on ‘gang’-related offending sets out the following on gangs, drill music and social media:
“Gangs are increasingly using drill music and social media to promote gang culture, glamorise the gang lifestyle and the use of weapons. They may post videos online that seek to taunt rivals, incite violence or glamorise criminality. The videos often show the brandishing of weapons, include incendiary remarks about recent incidents of young people being killed or seriously injured, and threats to stab or shoot specific individuals and members of rival groups. The instant nature of social media means that plans develop rapidly, disputes can escalate very quickly and are seen by a large audience, which increases the need to retaliate in order to ‘win’ the dispute. If such an allegation is referred to the CPS prosecutors should consider whether a substantive offence is disclosed.”
Some stakeholders have noted that including guidance on musical expression within ‘gang’-related offending guidance may reinforce harmful stereotypes about youth culture and contribute to racial discrimination in the criminal justice system. It has been suggested that specific, discrete guidance on the use of musical expression as evidence would provide a clear direction, ensuring that prosecutors are accountable for following the guidance, and improve consistency of prosecution practice involving music as evidence.
Question 1:
What action should CPS consider concerning current content on drill music in the “gang-related offences” guidance? You may also wish to provide your reasons why.
- Remove it from the “gang related offences” guidance and create separate, reframed guidance on musical expression evidence specifically?
- Keep it in the “gang related offences” guidance but reframe the content?
- Retain the guidance in its current form, without making changes?
- Remove it entirely from all forms of guidance, as guidance on this issue is counter-productive?
Drill music, while sometimes associated with gang activity, is also a widely accessible and mainstream form of musical expression that often does not relate to real life criminality, providing a creative outlet and a path to success for many artists. Stakeholders and academics have noted that much of the content in musical expression is fictional or exaggerated for artistic purposes. However, there are also instances where lyrics or videos do relate to actual criminal activity and where it is relevant and admissible evidence.
Question 2a:
When considering the use of musical expression – such as drill music – as evidence in criminal proceedings, what information would assist prosecutors to make informed decisions, whether about context or to assess the reliability of evidence?
Question 2b:
Should contextual information be provided to prosecutors through guidance? If you think it should, what content would it be useful to include?
(For example, should guidance address the broader cultural context within the genre, the artistic intent, or typical uses of language and imagery within the genre?)