Withdrawal of warrants
Introduction
The CPS is a signatory to the Fail to Appear Criminal Warrants Protocol (including Warrants in First Instance) which was revised May 2022. This protocol should be applied when the police seek the withdrawal of a warrant, as should the CPS’ Standard Operation Practice model.
Execution and Review
The timing of the execution and review of outstanding warrants is an operational matter for the police. The CPS however should take the decision as to whether to ask the court to withdraw a warrant. The CPS should do so in all cases other than specified proceedings. This is because the CPS takes conduct of all criminal proceedings, other than specified proceedings, instituted on behalf of a police force.
The CPS should apply the Full Code Test (FCT) set out in the Code for Crown Prosecutors when deciding to ask for a warrant to be withdrawn, or not. This means that a prosecutor must consider if there remains a realistic prospect of conviction and, if so, whether it remains the case that a prosecution is required in the public interest. They must do so on the basis of any information provided by the police and any further information that it is appropriate to seek. For instance, whether or not evidence is still available will be relevant to the first stage of the FCT; the views of the victim will be relevant to the second stage. It does not follow merely from the passage of time or the likelihood of arrest that the FCT is no longer met.
If the Full Code Test is met the warrant should remain outstanding. If the Full Code Test is not met the case should be listed in open court for the prosecutor to stop the case and to ask that the warrant be withdrawn. As with all cases, each individual charge should be assessed which means that the Full Code Test may be met in relation to some and not others. This may be the case where a Bail Act 1976 offence was added to the original charge. It may be that a change in circumstances, especially victim withdrawal, means the Full Code Test is not met for the original charge. There is however a clear public interest in prosecuting failing to surrender, especially where it has frustrated the administration of justice, and in this situation the prosecutor may well proceed on this charge and any warrant issued in relation to it.
Note that the CPS will usually add a charge of failing to surrender where that occurs in relation to the first hearing. The court will usually consider a failure to surrender at any subsequent, adjourned hearing. It will therefore be the CPS who consider whether or not to withdraw this charge if they have added it at the first hearing for non-attendance. It will usually be the court which decides whether to pursue the allegation of failing to surrender at a later stage of proceedings.
Decision to withdraw
Whether to withdraw the warrant is a decision for the court.
Bereaved families
It is an important principle that victims and bereaved families are kept informed of key developments in their case, in accordance with the Code of Practice for Victims of Crime in England and Wales. It may therefore be appropriate for the police to notify any victims or bereaved family members that they are considering the withdrawal of a warrant, and to explain the impact this will have on the case. It may also be appropriate for the CPS to ensure that this has happened. This is separate to the equally important obligation to take into account victims’ views at the public interest stage: even if there is not a realistic prospect of conviction, communication with a victim about the proposal to withdraw a warrant is important.