Launch of Public Consultation on ‘Gang’-Related Offending and Use of Musical Expression in Prosecutions

Prosecutors are asking for views on how they prosecute ‘gang’-based offenders and whether guidance is needed on musical expression in prosecutions to help better protect the public.

The Crown Prosecution Service (CPS) has today launched a two-part public consultation seeking views on updating prosecution guidance on ‘gang’-related offending, as well as welcoming views on whether guidance is needed on the use of musical expression, including lyrics, as evidence in criminal prosecutions.

The current gangs guidance was published in 2020 and the CPS is asking whether standalone guidance is still appropriate, or whether the issues raised should be incorporated into other pieces of guidance. In particular, the CPS is interested in understanding a range of perspectives on how best to define a ‘gang’ and to guard against bias and stereotypes, to ensure fair and effective prosecutions for all.

Prosecutors are also consulting on whether guidance is needed over the use of musical expression in court cases. 

Lyrics from songs have been used as evidence in a courtroom in situations where a defendant has admitted to committing a crime. This is normally utilised as part of a package of evidence, in the same way a written or spoken confession would be. There are always legal safeguards to such evidence being presented to a jury. 

In other scenarios, when appropriate, the prosecution has been able to present evidence showing musical expression has been used in a build-up to a violent crime or to reveal information about a crime that only the attackers would know. Musical evidence and ‘gang’ evidence has also been used to show association between different parties in some cases of serious violence. 

As an impartial prosecuting authority, the consultation launched by the CPS into these issues will aim to make sure the legal guidance used by criminal prosecutors, who decide what evidence could be used in a courtroom, is clear, culturally aware and fit-for-purpose in England and Wales. 

We are inviting responses from the public, musical artists, legal voices and other interested parties to help shape how prosecutors approach these issues. 

The first part of the consultation focuses on updating the guidance for prosecutors when considering cases involving alleged ‘gang’ affiliations. 

The second part explores the use of musical expression such as lyrics, videos, and performances as potential evidential material in criminal proceedings. At present there is no guidance on the use of musical expression as evidence in prosecutions, and these are decided on a case-by-case basis when deemed relevant. 

Lionel Idan, Chief Crown Prosecutor for London South and CPS Disproportionality Lead, said: “Gang-based violence has a significant detrimental impact on the safety of our communities, and has been shown to lead to devastating consequences.  

“We understand the debate and community concerns that exist around how ‘gang’ labels are applied, and how using music as evidence in criminal prosecutions may be considered a hinderance to creative licence. 

“That is why this consultation is an important opportunity for us to hear directly from the public and those most affected by these issues. We want to ensure our guidance is not only legally sound, but also socially informed, consistent and fair.

“We want to hear and learn from a wide range of views to make sure that any guidance we issue to our prosecutors incorporates and reflects the diverse experiences and expectations of the public we serve.”

This consultation is part of our commitment to ensuring transparency, fairness and consistent decision-making in the criminal justice system.  

The consultation is now live and will remain open for responses for a 12-week period until 22 January 2026. After this, a report with a summary of the responses will be published. 

Solicitor General Ellie Reeves MP said: “Gang violence devastates communities and ruins lives. We are determined to protect the public from the threat of gang violence and strengthen the criminal justice system to deliver for victims. 

“We welcome this consultation, which will help prosecutors have clear and updated guidance that is fair and relevant for our communities today. I encourage everyone to contribute their views so we can get this important balance right.”