DG6 Desktop Guide
This document can be used as a shortened reference guide to the Director's Guidance on Charging (DG6). (The full document can be found at Director’s Guidance on Charging, sixth edition.)
All investigators and prosecutors must apply the Code for Crown Prosecutors when making charging decisions and to determine if a case should be considered for charging under the Threshold Test or Full Code Test.
Early advice
Investigators can seek early advice from a prosecutor in advance of considering a charge under the Threshold Test or Full Code Test. Refer to chapter 7 and Annex 6 of DG6 when seeking early advice, to guide you on how to make a request and what to expect.
Charging
The charging model must be adhered to when submitting a file to the CPS for a charging decision. Cases will need to be categorised as either red1, green2 or green priority3 cases and must be submitted via the digital interface. (When the systems are not working the nationally agreed back up manual process should be used.)
Police charging responsibilities
The police can charge the following:
- Any summary only offence, irrespective of the likely plea
- Any offence of retail theft (shoplifting) or attempted retail theft, irrespective of the likely plea, provided it is suitable for sentencing at the magistrates’ court
- Any either way offence anticipated as a guilty plea and suitable for sentence in the magistrates’ court, unless the overall circumstances of the offence make it likely that the court will decide that a sentence in excess of 12 months' imprisonment is appropriate.
provided that this is not:
- a case requiring the consent to prosecute of the DPP or a Law Officer
- a case involving a death
- connected with terrorist activity or official secrets
- classified as Hate Crime or Domestic Abuse under CPS Policies
- a case of harassment or stalking
- an offence of Violent Disorder or Affray
- causing Grievous Bodily Harm or Wounding, or Actual Bodily Harm
- a Sexual Offences Act offence committed by or upon a person under 18
- an offence under the Licensing Act 2003
To determine whether a guilty plea may be anticipated investigators should refer to Annex 1, paragraph 4.
In a case where any offences under consideration for charging include an offence which must be referred to a prosecutor, then all related offences in the case must be referred to a prosecutor to consider which should be charged.
Where there is a statutory time limit for an offence such as excess alcohol or assault by beating, files for submission to the CPS should be proactively built to ensure sufficient time for review and consideration of a charging decision. Where further investigation work is required for the offences that are required to be submitted to the prosecution and a matter which has statutory time limits is ready for charge, then this must be appropriately dealt with as a standalone offence, and the police should proceed to deal with this matter to ensure the deadline does not expire.
Where a prosecutor makes a charging decision and the police are not satisfied with the outcome, this may be appealed. The appeal must be approved at Inspector level or above. The process to be followed is at paragraphs 4.31 to 4.34 of DG6.
The police are authorised to take no further action in all cases if it is decided that the evidential stage of the Code test is not met, and it is determined by the police that there is no further investigation that can strengthen the case. The police are not authorised to take no further action on public interest grounds where a case falls within the list of cases that must be referred to a prosecutor. The case must be submitted to a prosecutor together with a rationale as to why the public interest is not met.
The police are authorised to administer out of court resolutions unless specifically precluded from doing so by the Director's Guidance on Cautioning or statutory provisions restricting this4. Where an offence is indictable only and the police wish to issue an out of court disposal it must be referred to a prosecutor before any final decision is made. For more information investigators should refer to chapter 8 of DG6 and Out of Court Disposals - related prosecution guidance.
In rare cases Inspectors or above may authorise the charging of an offence which should usually be referred to a prosecutor, refer to paragraph 4.35 of DG6 for the conditions that must apply to use this provision.
Prosecutor charging responsibilities
Prosecutors will make charging decisions in all cases not allocated to the police, as above.
Where a case has been police charged, prosecutors should review the case prior to the first hearing at court.
Prosecutors must consider all police appeals against charging decisions made in the agreed timescales, see paragraphs 4.31 to 4.34 of DG6.
Material required for submission to the CPS
Investigators and prosecutors should refer to Annex A for material required for a pre-charge submission to the CPS and Annex B for material required for a post-charge submission.
Annex A - Pre-charge submissions from investigators to the prosecutor
The following material must be supplied with every file submission. Full details are available at Annex 4 of DG6. Investigators must comply with redaction policies (documents and multimedia) when submitting material. Police must identify any statutory time limits that apply to the proposed charges.
Where the case is submitted under the Threshold Test some of this material may not be available. This should be explained in the submission. Where material will become available later, investigators should set out in summary the outstanding reasonable lines of inquiry, the material to be obtained, the impact of the material on the case and a target date for completing this.
| Item/information required (Threshold Test or Full Code Test) | Completed (please select one) |
|---|---|
| Details of the suspect5. | Yes / No / NA |
| Details6 of any linked suspect/offender (include the URN for linked matters and relevant timescales i.e. plans to arrest outstanding suspects). | Yes / No / NA |
| A remand application, if a remand in custody is being sought. (MG07) | Yes / No / NA |
| Factual summary7 of the offence(s) for which you seek proposed charge(s). (MG03/CM01) | Yes / No / NA |
| If there is a statutory time limit applicable to the offence(s), when this expires (note the different rules for domestic abuse cases). | Yes / No / NA |
| Information where a section 70 Proceeds of Crime Act 2002 (POCA) committal needs to be sought to obtain a confiscation order. See Annex 7 of DG6, part 7 for more detail on POCA. | Yes / No / NA |
| Statements of all key victims and witnesses8 who provide evidence to establish the elements of the suggested offence for charge, including any which deal with the relevant state of mind of the suspect and any that can further strengthen the case by contradicting or otherwise undermining any explanation raised by the suspect. These may be civilian witnesses, police officers or expert witnesses. (MG09/MG11) | Yes / No / NA |
| Key exhibits that provide evidence to establish the elements of the suggested offence for charge. This may include CCTV, body worn footage, 999 calls, photos, social media interactions, messages, streamlined forensic reports, medical reports, drink-drive procedure forms, identification procedure forms. Where the material is digital or audio, you should produce extracts of the relevant sections in a playable format, summarise what the extract shows and provide relevant and counter times to be referred to for evidential purposes. Where this is not available for the prosecutor to view at the time of a charging decision, a summary9 must be provided. See Annex 7 of DG6 for more detail on how to handle, audio visual evidence (part 1), forensic evidence (part 4), identification evidence (part 5) and medical evidence (part 6). (MG12) | Yes / No / NA |
| A summary10 of evidential material which has been examined such as: mobile communication devices, social media accounts, third party material. Annex 7, part 3 provides more detail on how communications evidence should be handled. | Yes / No / NA |
| A summary of outstanding reasonable lines of inquiry, if any, the impact of the material on the case and target date for completion. | Yes / No / NA |
| A summary of the suspect’s interview. | Yes / No / NA |
| Any relevant checklists such as (non-exhaustive list): domestic abuse, harassment and stalking, hate crime, child information form. | Yes / No / NA |
| Risk assessments, where applicable, such as cases of domestic abuse, stalking or harassment. | Yes / No / NA |
| An up to date record of previous convictions of the suspect (PNC printout) and, where similar relevant offending has occurred, a summary of the relevant convictions (bad character), see Annex 7, part 2. (MG16) | Yes / No / NA |
| A record of previous convictions for any key witness. (PNC witness print). | Yes / No / NA |
| Details of witness statements obtained but not relied upon, indicating what evidence they supply and rationale why it is not relied upon. Also, include details of witnesses who were present but refused to provide statements. | Yes / No / NA |
| Victim personal statement or business/community impact statement. | Yes / No / NA |
| Any orders11 to be sought upon conviction and proposed terms. (MG19/MG20) | Yes / No / NA |
| Any special measures applications sought for victims/witnesses. (MG02) | Yes / No / NA |
| Any applications12 to be sought on conviction. (MG20) | Yes / No / NA |
| Any requirement for interpreters for victims/witnesses. | Yes / No / NA |
| Any additional requirements or needs for victims/witnesses not provided elsewhere such as if a victim/witness should be addressed in a particular way such as their gender or name that should be used. | Yes / No / NA |
| Crime report. | Yes / No / NA |
| Information regarding any material that could undermine the prosecution or assist the defence, along with copies of the material. | Yes / No / NA |
| Code Test compliance, rationale for seeking charge, certification and contact details for the officer in the case (MG3/CM01) | Yes / No / NA |
The following material must be supplied in circumstances where:
- you are seeking a charging decision under the Full Code Test and it is anticipated the suspect will plead not guilty (NGAP cases/Crown Court cases where there is an anticipated not guilty plea), save for where it is not feasible because the arrest was not planned, and the suspect cannot be bailed or in complex investigations.
| Item/information required | Completed (please select one) |
|---|---|
| Schedules of unused material. (MG06C/MG06D/MG06E) | Yes / No / NA |
Copies of relevant potentially disclosable material which could meet the disclosure test13, along with the rationale14 for reaching the conclusion they are potentially disclosable. This must include:
| Yes / No / NA |
The following material must be supplied in circumstances where:
- you are seeking a charging decision under the Full Code Test, and it is anticipated the suspect will plead not guilty, where the case is a RASSO or a Crown Court case or an NGAP magistrates’ case with large/complex digital material.
| Item/information required | Completed (please select one) |
|---|---|
| An investigation management document (IMD) which details: all outstanding evidence, the impact of the material on the case, reasonable lines of inquiry, along with the expected timescales of completion and all reasonable lines of inquiry already pursued and the outcome, in addition to explaining the approach taken to all relevant categories of material i.e. digital devices, CCTV, third-party material. It is to enable a prosecutor to complete a disclosure management document. | Yes / No / NA |
Annex B - Post charge submissions from investigators to the prosecutor
The following material must be supplied in the following circumstances:
- Police charged GAP case
- CPS charged GAP cases
- Crown Court case initial hearing
| Item/information required (Police charged GAP, CPS charged GAP, Crown Court initial hearing) if not already supplied pre-charge | Completed (please select one) |
|---|---|
| Charge Sheet. (MG04) | Yes / No / NA |
| Details of the defendant18. | Yes / No / NA |
| A remand application, if a remand in custody is being sought. (MG07) | Yes / No / NA |
| Factual summary19 of the offence(s) for which you seek proposed charge(s). (MG05) | Yes / No / NA |
| Statements of all key victims and witnesses20 who provide evidence to establish the elements of the suggested offence for charge including any which deal with the relevant state of mind of the defendant, and any that can further strengthen the case by contradicting or otherwise undermining any explanation raised by the defendant. These may be civilian witnesses, police officers or expert witnesses. (MG09/MG11) | Yes / No / NA |
| Key exhibits that provide evidence to establish the elements of the suggested offence for charge. This may include CCTV, body worn footage, 999 calls, photos, social media interactions, messages, streamline forensic reports, medical reports, drink-drive procedure forms, identification procedure forms. Where the material is digital or audio, refer to Annex 7, paragraphs 13-16 for the required format of this material, you must ensure this is in a playable format. See Annex 7 of DG6 for more detail on how to handle, audio visual evidence (part 1), forensic evidence (part 4), identification evidence (part 5) and medical evidence (part 6). (MG12) | Yes / No / NA |
| A summary of the defendant’s interview. | Yes / No / NA |
| An up to date record of previous convictions of the defendant (PNC printout) and where similar relevant offending has occurred a summary of the relevant convictions (bad character), see Annex 7, part 2. (MG16) | Yes / No / NA |
| Information where a section 70 Proceeds of Crime Act 2002 committal needs to be sought to obtain a confiscation order. See Annex 7 of DG6, part 7 for more detail on POCA. | Yes / No / NA |
| Victim personal statement or business/community impact statement. | Yes / No / NA |
| Any orders21 to be sought upon conviction and proposed terms. (MG19/MG20) | Yes / No / NA |
| Any applications22 to be sought on conviction. (MG20) | Yes / No / NA |
| Copies of any relevant existing order such as: non-molestation order, restraining orders, sexual harm prevention orders, football banning orders. | Yes / No / NA |
| A summary23 of evidential material which has been examined such as: mobile communication devices, social media accounts, third party material. Annex 7, part 3 provides more detail on how communications evidence should be handled. | Yes / No / NA |
| Copies of relevant potentially disclosable material which could meet the disclosure test24. | Yes / No / NA |
| Code Test compliance, certification and contact details. | Yes / No / NA |
The following material must be supplied in addition to the above in the following circumstances:
- Police charged NGAP cases
- CPS charged NGAP cases
- Cases registered as GAP but where the defendant entered a Not Guilty plea
- Post Crown Court initial hearing case
- Post NGAP hearing
| Item/information required (Police charged NGAP, CPS charged NGAP, cases registered as GAP but the defendant entered a not guilty plea, post Crown Court initial hearing cases and post NGAP hearing) if not already supplied pre-charge | Completed (please select one) |
|---|---|
| Any material identified as being necessary for trial, now the issues in the case are known and responses to any action plans sent. | Yes / No / NA |
| A summary of outstanding reasonable lines of inquiry, if any, the impact of the material on the case and target date for completion. | Yes / No / NA |
| Details of witness statements obtained but not relied upon what evidence they supply/rationale why it is not relied upon. Also, include details of witnesses who were present but refused to provide statements. (MG09) | Yes / No / NA |
| Information about victim(s)/witness(es) including their availability. (MG10) | Yes / No / NA |
| Any requirement for interpreters for victims/witnesses. | Yes / No / NA |
| A record of previous convictions for any key witness. (PNC witness printout) | Yes / No / NA |
| Full record/transcript of the defendant’s interview (if not previously supplied), where available. (MG15) | Yes / No / NA |
| Any special measures applications sought for victims/witnesses. (MG02) | Yes / No / NA |
| Any additional requirements or needs for victims/witnesses not provided elsewhere such as if a victim/witness should be addressed in a particular way relating to their gender or name that should be used. | Yes / No / NA |
| Any relevant checklists such as (non-exhaustive list): domestic abuse, harassment and stalking, hate crime, child information form. | Yes / No / NA |
| Schedules of unused material (MG06C/MG06D/MG06E), if not already supplied. | Yes / No / NA |
Copies of relevant potentially disclosable material which could meet the disclosure test25, along with the rationale26 for reaching the conclusion they are potentially disclosable. This must include:
| Yes / No / NA |
| An investigation management document (IMD) which details all outstanding evidence and reasonable lines of inquiry, along with the expected timescales of completion and the impact of the material on the case, to enable a prosecutor to complete a disclosure management document, if not already supplied. | Yes / No / NA |