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 Guidance is intended to assist prosecutors who have conduct of a hearing where: a defendant is in custody and has refused to leave the cell at prison, or a defendant has refused to leave the prison to attend court, or a defendant has refused to leave their cell when they have arrived at court, without good reason.

Updated: November 2019

Updated: 07 October 2022

The indictment is the document containing the charges against the defendant for trial in the Crown Court.

Updated: 19 June 2023; revision 5 December 2023

This guidance describes why consents to prosecute are required and when they are necessary. It also identifies the timing of consents and their application.

Updated 01 October 2021

The law limits the amount of time a person charged with a criminal offence can be kept in custody before the case is dealt with at court. This period (there are four different time limits depending on the type of offence and which court is dealing with the case) are called custody time limits. These limits must be strictly observed and can be extended by the court only in exceptional circumstances.

Updated: 13 Sep 2021; 7 Feb 2025; 27 Feb 2026

Investigation costs include obtaining sufficient evidence either at the initial stage or later at CPS request; re-interviewing witnesses; seeking medical or expert evidence as part of the investigation, (where a witness is required to attend Court, the cost of the attendance falls on the CPS).

This simple template is designed to produce a quality Custody Time Limit application Word Document which can be saved and sent electronically or printed  for faxing etc. Download the template here.