CPS Casework Retention Schedule

HQ Digital and Information Directorate/Security and Information Assurance Division Records Management Team

1    Moratorium on destructions - lift

The moratorium on the destruction of casework was implemented at the beginning of April 2015 for hard copy records held in offsite storage and 12 May 2015 for digital records held in the CPS Case Management System (CMS) and shared drives, due to the Independent Inquiry into Child Sexual Abuse (IICSA). This resulted in the suspension of the case destruction functionality in CMS and retention of all digital and hard copy casework material.

IICSA concluded in October 2022 and the Government responded to its recommendations at the end of April 2023. Government departments were advised by IICSA that the moratorium on destructions relating to this inquiry could be lifted.  As a result, the CPS Executive Group decided to reinstate case destruction. This commenced on 6 August 2023.

2    Child Sexual Abuse cases

The IICSA Inquiry requested that any records that are likely to be of interest to victims and survivors are retained to allow for delayed disclosure and to recognise the difficulties that may be faced by victims and survivors in being able or ready to access this information.  Therefore, the CPS Executive Group decided that Child Sexual Abuse (CSA) flagged cases will have their destruction dates extended by a further 20 years. 

3    UK COVID – 19 Inquiry

The UK COVID -19 Public Inquiry commenced on 24 October 2023. Given the status of this inquiry, we should retain cases that have been COVID flagged  (prosecuted and completed pre-charge) in live CMS for 7 years (in line with the inquiry timescale). These records, alongside all other related records to the department’s handling of the Coronavirus, may be required by the inquiry.

4    The Undercover Policing Inquiry (UCPI) (aka Pitchford/Ellison QC Review) (May 2014)

UCPI was setup in 2015 to get to the truth about undercover policing in England and Wales since 1968 and provide recommendations for the future.  This was in response to independent reviews by Mark Ellison QC which found appalling practices in undercover policing. Due to the reviews, the CPS had a moratorium on destructions for LTI cases since 2014. This was lifted in accordance with item 12.3.  

5    Long-Term Interest

Categories of Case Files

These are cases falling under the Long-Term Interest (LTI) criteria.

Send to the Records Management Team (RMT) no later than 3 months after the conclusion of the case. If an appeal has been received the file should be kept until this process concludes.

6    Double Jeopardy

Double Jeopardy - Criminal Files

The following offences, if acquitted, are categorised as potential Double Jeopardy cases, which do not form part of the national LTI criteria and must be retained at Area/Divisional Level and reviewed at 15 years from the final court date to consider disposal and/or retain for business need. Destroy the file if it is no longer of operational value; or contact the RMT if the file is perceived to have continuing value.

Double Jeopardy Criteria – Part 10 of the Criminal Justice Act 2003

• Attempted murder
• Soliciting murder
• Kidnapping
• Rape
• Attempted rape
• Intercourse with a girl under thirteen
• Incest by a man with a girl under thirteen
• Assault by penetration
• Causing a person to engage in sexual activity without consent
• Rape of a child under thirteen
• Attempted rape of a child under thirteen
• Assault of a child under thirteen by penetration
• Causing a child under thirteen to engage in sexual activity
• Sexual activity with a person with a mental disorder impeding choice
• Causing a person with a mental disorder impeding choice to engage in sexual activity
• Unlawful importation of Class A drug
• Unlawful exportation of Class A drug
• Fraudulent evasion in respect of Class A drug
• Producing or being concerned in production of Class A drug
• Arson endangering life
• Causing explosion likely to endanger life or property
• Intent or conspiracy to cause explosion likely to endanger life or property
• Conspiracy (to commit an offence in this list)

7    Important Notice Regarding Retention Period Calculation

Finalised cases may meet multiple criteria of the retention schedule. Please set the retention period for the longest applicable time.

e.g., A Crown Court case with a defendant sentenced to a custodial sentence of 3 years and an indefinite restraining order should be held until the date on which the defendant reaches the age of 85:

8    Early Advice and Pre-charge Decision cases

Important notice - All COVID-19 flagged cases must be retained for 7 years from the last court hearing date.

All Child Sexual Abuse (CSA) cases must have an additional 20 years added to the retention date.

9    Discontinuance – Magistrates’ and Crown Courts

Important notice - All COVID-19 flagged cases must be retained for 7 years from the last court hearing date.

All Child Sexual Abuse (CSA) cases must have an additional 20 years added to the retention date.

10    Magistrate’s court

Cases finalised at magistrate’s court. If a case is discontinued, follow discontinuance section.

• 1 year following the final court date; or
• the length of the sentence or order if the court sentence or order is longer than 1 year - see examples below:

NB: If the defendant is resentenced, the retention date should be adjusted according to the new sentence.

With effect from 6 August 2023 for cases involving Child Sexual Abuse (CSA) 20 years will need to be added to the retention period for whatever outcome is reached. For example, if a defendant is found not guilty a retention period of 21 years would need to be added to CMS from the final court hearing date

11    Crown Court

Important notice - All COVID-19 flagged cases must be retained for 7 years from the last court hearing date.

All Child Sexual Abuse (CSA) cases must have an additional 20 years added to the retention date for all categories.

Cases finalised at Crown Court, excluding Indeterminate Sentences, Double Jeopardy & Indefinite Orders e.g., Restraining Orders/Sexual Harm Prevention Orders.

If a case is discontinued, follow discontinuance section.

Retain for:

• 3 years following the final court date; or 
• the length of the sentence or order if the sentence or order is longer than 3 years - see examples below:

NB: If the defendant is resentenced, the retention date should be adjusted according to the new sentence.

With effect from 6 August 2023 for cases involving Child Sexual Abuse (CSA) 20 years will need to be added to the retention period for whatever outcome is reached. For example, if a defendant is found not guilty a retention period of 21 years would need to be added to CMS from the final court hearing date:

12    Indeterminate/Indefinite sentences

13    Restraining Order (RO), Sexual Harm Prevention Order (SHPO) and Sexual Offences Prevention Order (SOPO)

Cases in which an indefinite Restraining Order was made under the Protection from Harassment Act 1997 (POHA 1997):

Mark the file for destruction:

• On the date that the defendant reaches the age of 85; or
• In the year that the sentence is complete if the completion date of the sentence exceeds the age of 85.

Cases in which an indefinite Sexual Harm Prevention Order (SHPO) 2015, Sexual Offences Prevention Order (SOPO) 2003 or Restraining Order were made for a notification requirement under the Sex Offenders Act 2003 (SOA 2003). Please note cases involving child sexual abuse will require an additional 20 years added to the calculated date of destruction.

Mark the file for destruction:

• On the date that the defendant reaches the age of 85; or
• In the year that the sentence is complete if the completion date of the sentence exceeds the age of 85.

Cases in which a Restraining Order (finite period) was made under the Protection from Harassment Act 1997 (POHA 1997):

• The period of the Restraining Order (POHA 1997); or 
• the minimum period set out for finalised cases, whichever is longer.

Cases in which a finite period Sexual Harm Prevention Order (SHPO) 2015, Sexual Offences Prevention Order (SOPO) 2003 or a Restraining Order were made for a notification requirement under the Sex Offenders Act (SOA 2003). Please note cases involving child sexual abuse will require an additional 20 years added to the calculated date of destruction:

The applicable period (SOA 2003); or 
the minimum period set out for finalised cases, whichever is longer.

14    Proceeds of Crime Act (POCA)

POCA - Cases in which an order was made under the Proceeds of Crime Act (POCA) 2002

NB: Review on these dates to consider whether the retention periods need to be extended due to the recovery of assets.

15    Warrant Files

Cases where a defendant has failed to attend court and a Warrant is issued by the court for their arrest.

• Set a review date of 12 months from the date the warrant was issued at the last court hearing date. 
• Review 12 months after the last hearing date. If after review, the decision is made to withdraw the warrant, and there is court agreement for withdrawal, the case file should be destroyed 12 months after the court confirmation of withdrawal. If the decision is made not to withdraw the warrant, a further review date of 12 months must be added to the record on CMS.
• Paper warrants: Digitally scan and add to the CMS record, then the physical file should be destroyed.

Following confirmation of withdrawal, Warrants involving child sexual abuse or COVID-19 are subject to the provisions of sections 2 and 3.

16    Private Prosecution Correspondence

• If CPS take over the case, then the file should be kept as per the retention periods for case files above. 
• Correspondence relating to a case which CPS do not take over should be retained for 3 years.

17    Correspondence

18    Extradition Unit retention policy

Further context can be found above.