Where there is sufficient evidence, a prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour. In some cases, the prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court resolution rather than bringing a prosecution.

This document can be used as a shortened reference guide to the Director's Guidance on Charging (DG6). The full document can be found at Director’s Guidance on Charging, sixth edition, December 2020, incorporating the National File Standard.

Updated: 8 Apr 2025; 15 Apr 2025; 14 May 2025; 23 Jul 2025; 28 May 2026

Updated: 7 July 2023

Misconduct in public office is an offence at common law triable only on indictment. It carries a maximum sentence of life imprisonment. It is an offence confined to those who are public office holders and is committed when the office holder acts (or fails to act) in a way that constitutes a breach of the duties of that office.

updated: 15 Jun & 11 Jul 2023; 31 Oct 2024; 14 Oct 2025; 24 Feb 2026

updated: 24 April 2023, 7 February 2025

Section 76 Serious Crime Act 2015 (SCA 2015) created the offence of controlling or coercive behaviour in an intimate or family relationship (CCB). It can be tried summarily or on indictment and has a maximum penalty of five years’ imprisonment.

Revised: 19 Jun 2018; 06 Dec 2022; 13 Feb 2024; 5 Jan 2026; 13 Feb 2026; 19 Mar 2026, 29 April 2026

This guidance sets out the CPS policy on the prosecution of immigration offences.