Updated: October 2019; 1 November 2024

Updated: 24 February 2023; 17 May 2023; 25 October 2023

The CPS has a statutory duty under section 3(2) (a) Prosecution of Offences Act 1985 (the Act) to take over proceedings instituted by or on behalf of the police. However, the CPS also has discretion to take over proceedings in any other case under section 6(2) of the Act.

updated 11 November 2019

Revised: 04 January 2019; 25 April 2024

Updated: 9 November 2023; 27 March 2025

Updated: 8 Aug 2022, 13 Nov 2024, 1 Apr 2026

The criminal law in respect of public order offences is intended to penalise the use of violence and/or intimidation by individuals or groups. This document provides guidance about the charge which should be preferred if the criteria set out in the Code for Crown Prosecutors are met.

Updated: 26 February 2021, 25 Jan 2023

Updated: 31 Jan 2024, 17 Oct 2024, 31 Oct 2024, 5 Nov 2024, 13 Feb 2025, 17 Mar 2025, 17 Jul 2025, 16 Apr 2026, 24 Apr 2026

This guidance specifies the cases which must be referred to CPS Headquarters (Private Office, Director of Legal Services, Press Office); Central Casework Divisions and CPS Proceeds of Crime; Chief Crown Prosecutors/Deputy Chief Crown Prosecutors or Area Complex Casework Units/Rape and Serious Sexual Offences (RASSO) Units for information or for decision making.

Revised: 04 February 2019, 28 November 2023, 4 July 2024

The guidance sets out how charging decisions are to be approached in cases involving persons who assist or encourage another to commit a crime. These persons are known as accessories or secondary parties.

Updated: 14 June 2023

The prosecutor has an important responsibility to ensure fairness both to the defendant and the victim regarding the acceptability of pleas and assistance to the court at sentence.