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.

It is the duty of prosecution advocate to apply for appropriate ancillary orders or to remind the court of its power to make an order. When considering which ancillary orders to apply for, prosecution advocates must always have regard to the victim, especially the issue of their future protection.

This guidance assists the CPS to decide when it should conduct a review of past cases.

The circumstances in which a re-trial might be necessary are where: a jury cannot reach a verdict a jury is discharged prior to the conclusion of their deliberations magistrates cannot reach a verdict the Court of Appeal quashes a conviction there is a tainted acquittal: the legal framework is in sections 54 to 57 Criminal Procedure and Investigations Act 1996 and Criminal Procedure Rule 27 applies a defendant is acquitted and it is proposed they are investigated or prosecuted for the same serious offence (“double jeopardy”): this is dealt with in the separate Retrial of Serious Offences prosecution guidance.