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.

Reviewed September 2019

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.

updated 30 April 2020

This guidance deals with older people as victims and witnesses, not as offenders. It should be read in conjunction with the CPS Policy Guidance on the prosecution of crimes against older people.

updated 1 July 2019; revised 18 September 2024

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.

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

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.

Updated: February 2019

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