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Prosecution guidance search

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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

Reviewing Finalised Cases

Updated: February 2019

This guidance assists the CPS to decide when it should conduct a review of past cases.

Prosecution Guidance Appeals, Reviews and Post-Conviction

Expert related prosecution guidance

Prosecution Guidance Court Processes and Case Management

Sentencing - Ancillary Orders

Updated: 29 August 2024

It is the duty of prosecution advocate to apply for appropriate ancillary orders or to remind the court of its power to make an order. When considering which ancillary orders to apply for, prosecution advocates must always have regard to the victim, especially the issue of their future protection.

Prosecution Guidance Sentencing and Orders

Speaking to Witnesses at Court

Revised: 27 March 2018 - New section inserted at section 4 and following sections renumbered; Updated, 15 October2024

The aim of this guidance is to set out the role played by prosecutors at or before court in ensuring that civilian witnesses give their best evidence.

Prosecution Guidance Engaging with Victims page/Victim Service

Election Offences

Reviewed and Updated: October 2019

The relevant legislation relating to Electoral offences can be found in:

Prosecution Guidance

Exhibits

Last updated 9 April 2018

Prosecution Guidance Court Processes and Case Management

Expert Witnesses - how to find one

updated 04/10/2019

CPS HQ and Areas receive frequent requests to recommend an expert witness for the purpose of providing expert reports and opinion evidence in a specialised field. Frequent requests are also received for access to or the existence of a CPS Register of Experts.

Prosecution Guidance Court Processes and Case Management

Explosives

Last Updated: 30 October 2023

The main explosives offences relate to:

Prosecution Guidance Terrorism Violent crime Violent Crime, Weapons and Public Safety