Updated: 26 Apr 2023; 17 Jul 2023; 21 Nov 2023; 22 Mar 2026

The decisions on bail, in criminal proceedings, represent an important stage in the prosecution process. The results of these decisions can have far reaching consequences for victims of crime and the public in general.

Updated 30/09/2019

Revised 15 June 2018; 23 October 2024

Updated: 20 Nov 2023, 1 Nov 2024; 10 Nov 2025

Experts can be of great assistance to magistrates and juries in helping them to determine the issues in a case, including the guilt or innocence of an accused. Prosecutors will require the appropriate knowledge and understanding of the evidence in question to present and challenge expert evidence. The purpose of this Guidance is to assist prosecutors in identifying, understanding and challenging, where appropriate, this type of evidence.

Updated: 10 Dec 2025

Rewritten: 15 March 2023

The basic principle is that it is for the prosecution, not the court, to decide whether a prosecution should be commenced and, if commenced, whether it should continue.