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Displaying 21 - 30 of 36 results for subject area "Court Processes and Case Management"

Farquharson Guidelines: Role of Prosecuting Advocates

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.

Prosecution Guidance Court Processes and Case Management

Handcuffing of Defendants

updated 14 September 2021

There is a presumption that a defendant should be unfettered in court unless there are reasonable grounds for restraint. The onus is on the prosecution to show reasonable grounds for the use of handcuffs.

Prosecution Guidance Court Processes and Case Management

Nominal Penalty - cases where this is likely

Updated: 14 November 2018; 04 April 2024

This guidance is to assist prosecutors who will sometimes have to decide whether to charge an offence, or continue with a prosecution, where a nominal penalty is likely.

Prosecution Guidance Sexual offences Court Processes and Case Management

Judicial Comments

Updated: 4 December 2019

Judges, district judges and magistrates may express a view about CPS policy, decision- making or conduct of a particular case. This may be in public or in private; favourable or unfavourable.

Prosecution Guidance Court Processes and Case Management

Jury Vetting

Updated: 21 July 2022

In some circumstances, the parties to the case can challenge the empanelment of a juror through ‘Stand By’ or ‘Challenge to Cause’, full details of which are set out in this document.

Prosecution Guidance Court Processes and Case Management

Live Links

Updated: January 2019; Revised 19 September 2023

Prosecution Guidance Court Processes and Case Management

Custody Time Limits

Updated: 22 April 2020: 30 March 2023

Custody Time Limits (CTL) safeguard unconvicted defendants by preventing them from being held in pre-trial custody for an excessive period of time. The Act and Regulations governing CTLs require the prosecution to progresses cases to trial diligently and expeditiously.

Prosecution Guidance Court Processes and Case Management

Disclosure of Material to Third Parties

Updated: 2 August 2022; Updated 4 October 2023

The CPS is sometimes asked to supply to third parties copies of documents held in prosecution files. The request might be made for the purpose of prosecuting or defending a private prosecution; for civil proceedings; for proceedings involving interested third parties such as local authorities in child care cases, NOMS, Criminal Injuries Compensation Authority; or miscellaneous requests for the purpose of local crime prevention initiatives etc.

Prosecution Guidance Court Processes and Case Management

Offences to be taken into Consideration (TICs)

updated 26 February 2020 link for Sentencing Councils Totality definitive guidelines

These include:

Prosecution Guidance Court Processes and Case Management

Private Prosecutions

Updated: October 2019; 1 November 2024

Prosecution Guidance Court Processes and Case Management