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 20 November 2023

The instructions contained in this guidance are designed to provide a practical guide to preparing expert evidence and to provide guidance on the disclosure obligations of expert witnesses instructed by the investigator and/or the Crown Prosecution Service (the Prosecution Team). These instructions will assist expert witnesses, investigators and prosecutors to perform their duties effectively fairly and justly, which is vitally important to the integrity of the criminal justice system.

updated: 31 January 2020

The Prosecution Advocate plays an important public role and as such may be considered a cornerstone of an open and fair criminal justice system. The principles so well articulated by Farquharson LJ and his committee as to the role of the prosecution advocate have served us well since they were published in 1986. However, the time has come for new guidance which, whilst building on the established principles, reflects the changes that have occurred in the criminal courts, at the Bar and within The Crown Prosecution Service over recent years. I welcome and commend the new Guidelines which, whilst not legally binding unless expressly approved by the Court of Appeal, nonetheless provide important practical guidance for practitioners involved in the prosecution process.