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Prosecution guidance search

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Appeals to the Court of Appeal

Updated: 2 August 2018

This guidance deals with defendants appeals against conviction and/or sentence in the Crown Court. For interlocutory appeals against rulings of a Crown Court judge see guidance on Prosecution Right of Appeal elsewhere.

Prosecution Guidance Appeals, Reviews and Post-Conviction

Suicide: Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide

Prosecution Guidance Violent crime Violent Crime, Weapons and Public Safety

Prosecuting Welfare and Health Fraud Cases

Guidance reviewed September 2019; minor updated 22 July 2025

This guidance provides an overview of welfare and health fraud case-law and procedures and guidance for prosecutors when reviewing  welfare and health fraud cases. Separate guidance applies to DEFRA and MHRA cases.

Prosecution Guidance Fraud and economic crime

Proceeds of Crime

Updated: 19 December 2019, 27 January 2025

Confiscation is an essential tool in the prosecutor’s toolkit to deprive offenders of the proceeds of their criminal conduct; to deter the commission of further offences; and to reduce the profits available to fund further criminal enterprises.

Prosecution Guidance Proceeds of crime Fraud, Corruption and Economic Crime

Public Justice Offences

updated 1 July 2019; revised 18 September 2024

Prosecution Guidance Media, Public Interest and Professional Standards

Rape counts, linked to murder, left to lie on file

Reviewed and updated: 1 July 2019; 15 October 2024

The decision whether rape counts, linked to murder, should be left to lie on file, is the prosecutor's responsibility. This guidance provides assistance to prosecutors, by identifying some of the issues to be taken into account when making this decision.

Prosecution Guidance Sexual offences Violent crime Violence Against Women and Girls (VAWG) and Child Abuse

Restraining Orders

Updated: 3 December 2019; 22 June 2022; 22 January 2025

Prosecution Guidance Sentencing and Orders

Re-trials

Updated: November 2019; 16 October 2024; 7 July 2025

The circumstances in which a re-trial might be necessary are where: a jury cannot reach a verdict a jury is discharged prior to the conclusion of their deliberations magistrates cannot reach a verdict the Court of Appeal quashes a conviction there is a tainted acquittal: the legal framework is in sections 54 to 57 Criminal Procedure and Investigations Act 1996 and Criminal Procedure Rule 27 applies a defendant is acquitted and it is proposed they are investigated or prosecuted for the same serious offence (“double jeopardy”): this is dealt with in the separate Retrial of Serious Offences prosecution guidance.

Prosecution Guidance Appeals, Reviews and Post-Conviction

Retrial of Serious Offences

Prosecution Guidance Appeals, Reviews and Post-Conviction