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.
Introduction: Entry to the CPS Serious Crime Group Advocate Panel at Level 3 is through this application process and is open to appropriately qualified barristers and solicitors who have a Higher Courts Advocacy qualification.
The Criminal Justice Joint Inspectorate (CJII) has today 16 July 2021, published a report that considers the police and CPS response to rape. The report is the first of two which, between them will consider the response, decision-making and effectiveness of the police and CPS at every stage of a rape case – from first report through to finalisation of the case. This first phase focuses on those cases where either the police or the CPS made the decision to take no further action (i.e. not to proceed with the case).