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wre
cerests of justice, and to
Appendix 3 The Code for Crown Prosecutors
the course of the plea 1 Introduction
1.1 The Crown Prosecution Service (CPS) isthe principal public prosecution service for England and
‘Wales. In January 2010, it merged with the Revenue and Customs Prosecutions Office (RCPO). The
service is headed by the Director of Public Prosecutions (DPP) who is also the Director of Revenue
and Customs Prosecutions. The DPP exercises his functions independently, subject to the superin-
tendence of the Attorney General who is accountable to Parliament for the work of the prosecution
service.
1.2 The DPP is responsible for issuing the Code for Crown Prosecutors (the Code) under section 10 of
the Prosecution of Offences Act 1985. The Code gives guidance to prosecutors on the general prin-
Giples to be applied when making decisions about prosecutions. This is the sixth edition of the Code
ents celating to persona
xe generated in th
tent, In particular, the
ordance with the joint
uutcome other than the and replaces all earlier versions.
rorthe defendant may 13 In this Code, the term ‘prosecutors’ is used to describe members of the prosecution service who are
ay reach an agreement, designated as Crown Prosecutors; prosecutors who are members of the RCPO; Associate Prosecutors
ould not be instituted who are designated under section 7A of the Prosecution of Offences Act 1985 and who exercise the
t. The defendant may Powers in accordance with the instructions issued by the DPP; and other members of the RCPO who
leofa sentence indie, are designated by the DPP in his capacity as che Director of the Revenue and Customs Prosecutions
on under section 39 of the Commissioners for Revenue and Customs Act 2005.
o be made with a view 1.4 In this Code, the expression ‘police or other investigators’ is used to describe members of all those
ave already been inst. investigative agencies, including the Serious Organised Crime Agency and the UK Border Agency
discontinuing under __ Who prepare and present cases to the prosecution service.
nent has already been 1.5 Although the prosecution service works closely with the police and other investigators, i isindependent
scutor and the defen, of them. The independence of prosecutors is of fundamental constitutional importance
gs made in relation to 1.6 The prosecution service co-operates with the investigating and prosecuting agencies of other
scussions. jurisdictions to facilitate enquiries and prosecutions both in England and Wales and abroad.
>rosecutor will wish to 1.7 In accordance with section 36(2) of the Commissioners for Revenue and Customs Act 2005,
ces which warrants it Prosecutors from the RCPO who are acting in that capacity must have regard to the Code for Crown
Prosecutors issued by the DPP.
1.8 In this Code, the term ‘suspect’ is used to describe a person who is not yer the subject of formal
criminal proceedings; the term ‘defendant’ is used to describe a person who has been charged or sum:
monsed; and che term ‘offender’ is used to describe a person who has admitted his or her guilt o
police officer or other investigator or prosecutor, or who has been found guilty ina court of law.
‘The Code is one of rwo key published and publicly available documents that explain the purpose and
work of the prosecution service. The second is the Core Quality Standards booklet. Only the Code is
issued by law.
1-10 Together, they let the public know what prosecutors do; how they take their decisions; and the level
ofservice that the prosecution service is committed to providing in every key aspect of its work.
LIL The Code and the Core Quality Standards booklet are available from (specified contact points)
2. General Principles
2.1 The decision to prosecute or to offer an individual an out-of court disposal isa serious step. Fair and
effective prosecution is essential to the maintenance of law and order. Itis che duty of prosecutors to
make sure that the right person is prosecuted for the right offence and to bring offenders to justice
wherever possible, Casework decisions taken fairly, impartially and with integrity help to deliver
justice for victims, witnesses, defendants and the public, 4
{cis the duty of prosecutors to review, ro advise on and to prosecute cases or to offer an appropriate :
out-of-court disposal to the offender. Prosecutors must ensuce that che law is properly applied; that
all relevant evidence is put before the court; and that obligations of disclosure ate complied with, in
accordance with the principles set out in this Code.
Although each case must be considered on its own facts and on its own metits, there are general
principles that apply to the way in which prosecutors must approach every case
Prosecutors must be fair, independent and objective. They must not let any personal views about the
ethnic or national origin, gender, disability, age, religion or belief, political views, sexual orientation,
or gender identity of the suspect, victim or any witness influence their dec
dingsare reproduced 19
is
nN
ix
ES
sions, Neither must
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Appendix 3 The Code for Crown Prosecutors
prosecutors be affected by improper or undue pressure from any source. Prosecutors must always act
in the interests of justice and not solely for the purpose of obtaining a conviction.
2.5. The prosecution service isa public authority for the purposes of current, relevane equality legi
Prosecutors are bound by the duties set out in this legislation.
The prosecution service is also a public authority for the purposes of the Human Rights Act 1998,
Prosecutors must apply the principles of che European Convention on Human Rights, in accordance
with the Human Rights Act, ateach stage ofa case. Prosecutors must also comply with any guidelines
issued by the Attorney General and with the policies of the prosecution service issued on behalf of the
DPP. They must also comply with the Criminal Procedure Rules currently in force.
tion,
3. The Decision Whether to Prosecute
3.1 In more serious or complex cases, prosecutors decide whether person should be charged with a
offence, and, if so, what that offence should be. They make their decisions in accordance
with this Code and the DPP’s Guidance on Charging. The police apply the same principles in deciding
whether to charge or summons a person in those cases for which they are responsible.
3.2. The police and other investigators are responsible for conducting enquiries into an allegation that a
crime may have been committed. Every case that prosecutors receive from the police or other inves-
cigators is reviewed. Prosecutors must ensure that they have all the information they need to make an
informed decision about how best to deal with the case. This will often involve prosecutors providing
guidance and advice to the police and other investigators about lines of inquiry, evidential require-
ments, and assistance in any pre-charge procedures throughout the investigative and prosecuting
process, However, prosecutors cannot direct the police or other investigators.
3.3. Prosecutors should identify and, where possible, seek co rectify evidential weaknesses, but, subject to
the Threshold Test (see section 5), they should swiftly stop cases which do not meet the evidential
stage of the Full Code Test (see section 4) and which cannot be strengthened by further investigation,
or where the public interest clearly does nor require a prosecution (see section 4). Although the
prosecutor primarily considers the evidence and information supplied by the police and other inves
tigators, the suspect or those acting on his or her behalf may also submit evidence or information to
the prosecutor via the police or other investigators, prior to charge, to help co inform the prosecutor’
decision
3.4. Prosecutors must only start or continue a prosecution when the case has passed both stages of the Full
Code Test (see section 4). The exception is when the Threshold Test (see section 5) may be applied
where itis proposed to apply to the court to keep the suspect in custody after charge, and the evidence
required to apply the Full Code Testis not yet available
3.5. Prosecutors must make sure that they do not allow a prosecution to start or continue where co do so
would be seen by the courts as oppressive or unfair so as to amount to an abuse of the process of the
crimini
court.
3.6 Review is a continuing process and prosecutors must take account of any change in ciccumstances
that occurs as the case develops. Wherever possible, they should talk to the investigator first if they ate
thinking about changing the charges or stopping the case. Prosecutors and investigators work closely
together, bur the final responsibility for the decision whether or not a case should go ahead rests with
the prosecution service.
3.7, Parliament has decided that a limited number of very serious or sensitive offences should only be
taken to court with the agreement of the DPP. These are called ‘consent’ cascs. In such cases, the DPP of
prosecutors acting on his behalf apply the Code in deciding whether to give consent to a prosecutio2.
4 The Full Code Test
4.1. The Full Code Test has two stages: (i) che evidential stage; followed by (ii) che public interest stage
4.2. In the vast majority of cases, prosecutors should only decide whether to prosecute after the investige
tion has been completed and afterall che available evidence has been reviewed. However, there willbe
cases where it is clear, prior co the collection and consideration of all the likely evidence, that (be
public interest does not require a prosecution. In these rare instances, prosecutors may decide chat the
case should not proceed further.
4.3. Prosecutors should only take such a decision when they are satisfied that the broad extent of che
criminality has been determined and thac they are able to make a fully informed assessment OF
the public incerest. If prosecutors do not have sufficient information to take such a decision, the
in accordance with the Full Code Test set
: i ° uc
investigation should proceed and a decision taken later ou
in this section.
4.4 Prosecutors must follow any guidance issued by the DPP to ensure that decisions in these cases #*°
appropriate and correct
2858
The Evidential Stage
4.5, Prosecutors mu
against each sus
likely to affect
proceed, no ma
4.6. Acealistic pros
the evidence an
the suspect. [en
hearing a case a
to convict the d
courts themsely
When deciding
the eviden
does not give ar
strong as it first
¢ Ca
Can the evidence be u
a) Isitlikely chace
evidence which
be excluded bee
b) _Istheevidencet
which permit se
Does the evider:
presented?
Is the evidence reliable
d) Whatexplanatic
as awhole? Doe
e) Is there evidences
affected by facte
f)_Istheidentificat
enough? Have
failure co hold d
xcluded?
g) Are there concer
h) Is there further «
which may supp
Does any witnes
}) Does any wicnes
her credibility?
k) Is there any furt
already obtained
4.8 Where itis cons
beter understan
conduct a pre-tr
4.9 Prosecutors shot
they should look
The Public Inte
4.10 In 1951, Si
public interest:
criminal offenc
a prosecution:
of such a charac
Commons Deb
General ever sin
4.11 Accordingly, wi
disposal, prosect
Appendix 3 The Code for Crown Prosecutors
The Evidential Stage
4,5. Prosecutors must be satisfied hac there is sufficient evidence to provide a realistic prospect of conviction
against cach suspect on each charge. They must consider what the defence case may be, and how itis
likely to affect che prospects of conviction. A case which does not pass the evidential stage mu
proceed, no matter how serious or sensitive it may be.
istic prospect of conviction is an objective test based solely upon the prosecutor's assessment of
the evidence and any information that he or she has about the defence that might be put forward by
the suspect. It means that an objective, impartial and reasonable jury or bench of magistrates or judge
hearing a case alone, properly directed and acting in accordance with the law, is more likely than not
to convict the defendanc of the charge alleged. This isa different test from the one thac the criminal
courts themselves must apply. A court may only convict if ic is sure that the defendanc is guilty.
When deciding whecher there is sufficient evidence to prosecute, prosecutors must consider whether
the evidence can be used and whether it is reliable. There will be many cases in which the evidence
does not give any cause for concern, But there will also be cases in which the evidence may not be as
strong as it first appears. In particular, prosecutors will need to consider the following issues.
not
»
a
Can the evidence be used in court?
a) _Isit likely thae the evidence will be excluded by the court? There are legal rules thac might mean that
evidence which seems relevant cannot be given ata trial. For example, is it likely that the evidence will
be excluded because of the way in which it was obtained?
b) _Istheevidence hearsay? Ifso, is the court likely to allow it co be presented under any of the exceptions
which permit such evidence to be given in court?
©) Does the evidence relate to the bad character of the suspect? I
presented:
so, is the court likely to allow it to be
I the evidence reliable?
d) Whar explanation has the suspect given? Isa court likely to find it credible in the light of the evidence
as a whole? Does the evidence support an innocent explanation?
s there evidence which might support or detract from the reliability of a confession? Is its reli
affected by factors such as the suspect’ level of understanding?
f) Is the identification of the suspect likely to be questioned? Is the evidence of his or her identity strong
enough? Have the appropriate identification procedures been carried our? If not, why not? Will any
failure to hold the appcopriate identification procedures lead to the evidence of identification being
excluded?
g) Are there concerns over the accuracy, reliability or credibility of the evidence of any witness?
h) _ Is there further evidence which the police or other investigators should reasonably be asked to find
which may support or undermine the account of the witness?
i) Does any witness have any motive that may affect his or her attitude to the case’
i) Doesany witness have a relevant previous conviction or out-of-court disposal which may affect his or
her credibility?
k) Is there any further evidence that could be obtained tha
already obtained?
°)
bility
would support the incegricy of evidence
4.8 Where it is considered that it would be helpful in assessing the reliability of a witness’ evidence or in
better understanding complex evidence, an appropriately trained and authorised prosecutor should
conduct a pre-trial interview with the witness in accordance with the relevant Code of Practice.
4.9 Prosecutors should not ignore evidence because they are not sure that it can be used or is reliable, But
they should look closely at it when deciding if there is a realistic prospect of conviction.
The Public Int
4.10 In 1951, Sir Hartley Shawcross, who was then Attorney General, made the classic statement on
public interest: ‘[iJe has never been the rule in this country ~ I hope it never will be ~ that suspected
criminal offences must automatically be the subject of prosecution’. He added that there should be
a prosecution: ‘wherever it appears that the offence or the circumstances of its commission is or are
of such a character ¢ thereof is required in the public interest’ (House of
Commons Debates, Volume 483, 29 January 1951). This approach has been endorsed by Attorneys
General ever since.
4.11 Accordingly, where there is s
t Stage
at a prosecution in respe:
cient evidence to justify a prosecution or to offer an out-of-court
disposal, prosecutors must go on co consider whether a prosecution is required in the public interest.
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Appendix3 The Code for Crown Prosecutors
4.12 A prosecution will usually rake place unless the prosecutor is sure that there are
public interest factors 4) theoffencey
tending against prosecution which outweigh those tending in favour, or unless the prosecutor ig ©) the loss or h:
satisfied that the public interest may be properly served, in the first instance, by offering the offender itwas caused
the opportunity to have the matter dealt with by an out-of-court disposal (ae section) The
More f) there has bee
setious the offence or the offender's record of cti
minal behaviour, che morelikely itis thata prosecution * the offenc
will be required in the public interest * thedelay I
4.15 Assessing the public interes is not simply a matter ofadding up the numberof factors on each side * the offenc,
and seeing which side has the greater number.
ich case must be considered on its own facts
andon * the compl
its own merits. Prosecutors must decide the importance of each public interest factor in the circum. * new inves
stances ofeach case and go on co make an overall assessment. [tis quite possible that one factor alone and, as ar
nay ourweigh a number of other factors which tend in the opposite direction, Although there may 8) a prosecutior
be public interest factors tending against prosecution in a particular case, prosecutors should con. bearing in m
sider whether nonetheless a prosecution should go ahead and for those acters o be put to the court
prosecution ¢
h) the suspect pl
‘mean that it should be taken as.a factor tending in the ’) the suspect hi
e the offence was not ‘carried ou by a group’ does not ion or an out
prosecution’ into a factor tending against prosecution money he or:
vhich should be considered when deciding on the mose j) the suspect is
sted below. The following lists of public interest factors are health, unless
sidered on its own facts and on its own merits. apply Home +
for consideration when sentence is passed.
4.14 The absence of a factor does not necessarily
opposite direction. For example, just becaus
transform the factor tending in favour of a
4.15 Some common public interest factors
appropriate course of action to take are I
not exhaustive and each case must be con:
; balance a sus
Some common public interes factors tending in favour of prosecution providing car
‘ providing can
4.16 A prosecution is more likely to be quired if 1) a prosecution
a) “aconviction is likely to result in a significant sentence;
6) aconviction is likely to result in an order of
to secure through a conditional caution:
¢) the offence involved the use ofa weapon or the thre
4) the offence was committed against a person servin account any view
emergency services; a police ot prison office: priate cases, for €
of public transport); capacity as define
the offence was premeditated; views expressed b
the offence was carried out by a group; 4.19 However, the prc
the offence was committed in the solicitors act for t
the offence was motivated by any 4.20 Where prosecutoi
origin, gender, disability, age, religion or belief, political views, sexual orientation or gender identity; they stop a case or
or the suspect demonstrated hostility cowards the victim based on any of those cheractaristcn for Victims of Cr
i) the offence was committed in order to facilitate more serious offending; dures, includ
))_thevictim of the offence was in a vulnerable situation and the suspect took advantage of this; che victim
19) there was an clement of corruption ofthe victim in the way the offence was coment k
4) there was a marked difference in the ages of the suspect and the victim and she suspect cook 5 The Threshold Test
advantage of this;
f .. international
the court in excess of that which a prosecutor is able
The views of victims or t
at of violence; 4.18 In deciding whet
ig the public (for example, a member of the
health or social welfare professional; or a provider
Senos
presence of, oF in close proximity to, a child;
form of discrimination against the victim's ethnic o national
5.1, Prosecutors wil
ap
tm) there wasa marked difference in the levels of understanding ofthe suspect and the vietim and the suspect presents as
suspect took advantage of this; he or she must be
n). the suspect was ina position of authority or crust and he or she took advantage of this; 5.2 In such cases, prose
9) thesuspect wasa ringleader or an organi
of the offence;
ns oF the previous out-of court disposals which he or she has
When the Threshold Test ;
P) the suspect's previous convict
received are relevant to the present offence’ 93, The Threshold Tes
4). thesuspectis alleged to have commited the offence in breach of an order of the court; <padiions ae met
2 p) 4 Prosecution would have a significane positive impact on maintaining community confidence Oe st
i 8) there are grounds for believing thatthe offence is likely to be continued or repeated! b) thera reaso
I f Some common public interest factors tending against ‘prosecution reasonable per
ih 4.17 A prosecution is less likely to be requited if )
I
©) the seriousness
a) “the courts likely to impose a nominal penalty:
decision; and
4) the seriousness and the consequences of the offending can be appropriately dealt wich by an d) there are conti:
out-of-court disposal which the
Suspect accepts and with which he or she complies (see and in all the c
section 7); 5.4 Where any of the ab
©) the suspect has been subject to any appropriate regulatory proceedings, or any punitiv ox cannot be charged
relevant civil penalty which remains in place ot which has been satisfactorily discharged, whic shetber the nae,
adequately addresses the seriousness of the offending and any breach of trust involved:
2860
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Appendix 3 The Code for Crown Prosecutors
est factors €) the offence was committed asa result ofa genuine mistake or misunderstanding;
‘secutor is ©) the loss o: harm can be described as minor and was the result ofa single incidec, particularly if
coffender it was caused by a misjudgement;
The more 1) there has been a long delay becween the offence taking place and the date of the trial, unles
osecution * the offence is serious;
* thedelay has been caused wholly or in part by the suspect;
the offence has only recently come to light;
tsandon {the complexity of the offence has meant that there has been a long investigation; or
each side
e circum. * new investigative techniques have been used to re-examine previously unsolved ctimes
gi q
storalone and, asa result, a suspect has been identified.
here may 8) 4 prosecution is likely o have an adverse effect on the victim's physical or mental health, al ays
vald con- bearing in mind the seriousness of the offence and the views of the victim about the eect ats
the court prosecution on his or her physical or mental health;
h) the suspect played a minor role in the commission of the offences
ag in the ') che suspect has put right rhe loss or harm that was caused (but a suspect must not avoid prosecu-
does not tion or an out-of-court disposal solely because he or she pays compensation or repays the sum of
scution’ money he or she unlawfully obtained
he most i) the suspect is, or was at che time of the offence, suffering from significant mental or physical ill
ctors are health, unless the offence isserious or chere isa real possibility chat it may be repeated, Prosecutors
ply Home Office guidelines about how co deal with mentally disordered sffenders and mann
balance a suspects mental or physical ill health with the need to safeguard the public or those
providing care secvices to such persons;
1) a prosecution may require details to be made public that could harm sources of information,
international relations or national secutity
risable
The views of victims or their families
- 4.18 In deciding whether a prosecution is required in the public interest, prosecutors should rake into
© of the priate cae Pies expressed by the victim regarding the impact that the offence has had. In appro.
rovider Priate cases, for example, a case of homicide or where the victim is a child or an adult who lecke
capacity as defined by the Mental Capacity Act 2005, prosecutors should take into account any
views expressed by the victim's family
4.19 However, the prosecution service does not act for victims or their families in the same way as
solicitors act for their clients, and prosecutors must form an overall view of the public interest
ational 4.20 Wher
« Prosecutors have.a responsibilty to explain their decision to the victim, for example, when
they stop a case or substantially alter the charge in acase, they must com, ly with the Code of Practice
for Victims of Crime and all relevant CPS Guidance. Prosecutors must follow any aesced roce=
a nce. Pre Y agreed pi
. dures, including abiding by any time period within which such decisions should be notified to
his; the victim,
t rook 5 The Threshold Test
9-1 Prosecutors will apply the Full Code Test wherever possible. However, there will be cases where the
ad the RsPect Presents a substantial bal risk ifreleased and nor al the evidence is available a the time when
he or she must be released from custody unless charged. i
5.2. Insuch cases, prosecutors may apply the Threshold Test in order to make a charging decision.
ys
os
te has When the Threshold Test may be applied ioe
°3. The Threshold Test may only be applied where the prosecutor is satisBed that all the following four
conditions are met:
ace: 2) there is insuffcienc evidence currently available to apply the evidential stage of the Full Code “SS
Test; and (os
b) there are reasonable grounds for believing that further evidence will become available within a a
reasonable period; and b=
©) the seriousness or the circumstances of the case ju
decision; and j
there are continuing substantial grounds to object to bail in accordance with the Bail Act 1976 Sq
and in all the circumstances of the case an application to withhold bail may properly be made. : ye
fies the making of an immediate charging
yan 8
(see
or 5.4 Where any of the above conditions is not met, the Threshold Test cannot be applied and the suspect
hich cannot be charged. Such cases -must be referred back to the custody officer who will determine
whether the person may continue to be detained or released on bail,
ith or without conditions.
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Appendix3 The Code for Crown Prosecutors
55 There are two parts to the evidential consideration of the Threshold Test
7.248
The first pare ofthe Threshold Test — is there reasonable suspicion? P
5.6 First, the prosecutor must be satisfied that there is at least a reasonable suspicion thac the person tobe &
charged has committed the offence. °
5.7 Indetermining whether reasonable suspicion exists, the Prosecuror must consider the evidence which 7.3 P
's currently available. This may take the form of witness statements, material or other information, c
provided the prosecutor is satisfied that: 74 7
a) itisrele If
b) iis capable of being put into an admissible format for presentation in court; and A
©) it would be used in the case. °
. , ra
5.8. IF this part of the Threshold Testis satisfied, the Prosecutor should proceed to the second part of the t
Threshold Test. -
7.5 C
The second pare ofthe Threshold Test — will there bea vealitie prospect of conviction? °
5.9. Secondly, the prosecutor must be satisfied that there are reasonable grounds for believing that the d
continuing investigation will provide further evidence, withi
in a reasonable period of time, so that all
the evidence taken together is capable of establishing a realistic Prospect of conviction in accordance
with the Full Code Test,
5.10 The further evidence must be identifiable and not merely speculative,
5-11 In teaching a decision under chis second part of the Thaech
‘old Test, the prosecutor must consider:
Bi
a) che nature, extencand adm bility of any likely further evidence and the impact it will have ca d
the case: T
b) the charges thar all the evidence will support;
) pl
©) the reasons why the evidence is not already available;
on
d) the time required to obtain the further evidence and whether any consequential delay is c
reasonable in all the circumstances, pi
5.12 If both parts of the Threshold Test are satisfied Prosecutors must apply the public interest stage of 8 You:
the Full Code Test based on the information available at that time. 8.1 Fe
Reviewing the Threshold Test 8.2 m
5.13 A decision to charge under the Threshold Test must be kept under review. The evidence must be St
regularly assessed to ensure chat the charge is still appropriate and that continued objection to the t
Granting of bail is justified. The Full Code Test must be applied as soon as is reasonably practicable
and in any event before the expiry of any applicable ‘custody time limit or extended custody time
in
limic 83 Pr
6 Selection of Charges ne
6.1 Prosecutors should select charges which: 84 C
a) _teflece the seriousness and extent of the o fending supported by the evidence; ; ha
b) give the court adequate powers to sentence and impose appropriate post-conviction orders: ast
an
enable che case to be presented in a clear and simple way. a
6.2. This means that prosecutors may not always choose or continue with the most serious charge where
there is a choice ae 9 Moc
6.3 Prosecutors should never go ahead with more charges than are necessary just to encourage @ ree 9A Pr
dant to plead guiley ro a few. In the same way, they should nen go ahead with a more serious chargs rel
Just to encourage a defendant ro plead guilty to a less serious one the be
64 Prosecutors should not change the charge simply because of the decision made by the court oF 9.2 Sp
defendant about where the case will be heard, after ee
6.5 Prosecutors must take account of any relevant change in circumstances as che case progresses # &
charge. Venue f
7 Out-of-Court Disposals seqution 93 Ge
The prosecution service is responsible for deciding whether co offeran offender a conditional caution po
a certain cases. In such cases, the Full Code Test must be met. Prosecu will offer a cone a
caution where it isa proportionate response to the seriousness and the consequences ofthe offending yo
and where the conditions offered meet the aims of rehabilitation, reparation or punishment
the terms of the Criminal Justice Ace 2003.
2862
he person to be
zvidence which
or information,
ond part of the
ieving chat the
time, so thacall
2in accordance
nust consider:
tit will have on
sential delay
interest stay
‘idence must be
sbjection to the
ably practicable
2d custody time
ers
aviccion ord
vus charge where
courage a defen
re serious charge
the court of the
+ progresses after
aditional cause’
fer a condi
of the offending
nishment within
ional
Appendix3 The Code for Crown Prosecutors
7.2. Aconditional caution is not a criminal conviction but it forms part of the offender’ criminal record
and may be cited in court in any subsequent proceedings. It may also be taken into consideration by
prosecutors if the offender re-offends. Prosecutors may offer a conditional caution where, having
taken into account the views of the victim, they consider that it is in the interests of the suspect, victim
or community to do so,
Prosecutors must follow the relevant Code of Practice and the DPP’s Guidance on
Cautioning when deciding whether to offer an offender a conditional caution.
7.4. The offer ofa conditional caution which is accepted and complied wich takes the place of a prosecution.
Ifthe offer of a conditional caution is refused or the suspect does not make the required admission of
guilt to the person who seeks to administer the conditional caution, a prosecution must follow for the
original offence. If che terms of the conditional caution are not complied with, che prosecutor will
reconsider the public interest and decide whether to charge the offender. Usually, a prosecution
should be brought for the original offence.
Only prosecutors can decide whether to authorise the offer ofa simple caution to an offender for an
offence that may only be heard in che Crown Court. The occasions when chis will be an appropriate
disposal will be exceptional
7.6 Inall other cases, prosecutors may direct thata simple caution be offered in accordance with CPS and
Home Office Guidance, or suggest, for example, the issue of a Penalty Notice for Disorder. The issue
of a Penalty Notice for Disorder is, however, a decision for che police.
7.7 Prosecutors must be satisfied that the Full Code Test is met and that there is a clear admission of
guile by the offender in any case in which they authorise or direct a simple caution to be offered by
the police.
7.8. The acceptance ofa simple caution or other out-of-court disposal which is complied wich cakes the
place of a prosecution. If the offer of a simple caution is refused, a prosecution must follow for the
original offence. IF any other out-of-coure disposal is not accepted, prosecutors will apply che Full
Code Test, upon receipt of the case from che police or other investigators, and decide whether to
prosecute the offender.
nditional
>
8 Youths
8.1 For the purposes of the criminal law, a youth is a person under 18 years of age.
8.2. Prosecutors must bear in mind in all cases involving youths that che United Kingdom is a signatory
to the United Nations 1989 Convention on the Rights of the Child and the United Nations 1985
Standard Minimum Rules for the Administration of Juvenile Justice. In addition, prosecutors must
have regard to the principal aim of the youth justice system which is to prevent offending by children
and young people. Prosecutors must consider the interests of the youth when deciding whether itis
in the public interest to prosecute.
8.3. Prosecutors should not avoid a decision to prosecute simply because of the suspect's age. The serious-
3 of the offence or the youth's past behaviour is very important.
Cases involving youths are usually only referred to the prosecution service for prosecution if the youth
has already received a reprimand and final warning, unless the offence is so serious that neither is
appropriate or the child or young person does not admit committing the offence.
8.5. Reprimands, final warnings and conditional cautions (see section 7) are intended to prevent
re-offending and the fact chat a further offence has occurred may indicate that those previous dispos-
als have not been effective. The public incerest will usually require a prosecution in such cases
9. Mode of Trial
9.1 Prosecutors muse have regard co the current Magistrates’ Court Sentencing Guidelines and the
relevant Practice Direction when making submissions to the court about where the defendant should
be tried.
9.2. Speed must never be the only reason for asking for a case to stay in che magistrates’ courts. But pros-
ecutors should consider che effect of any likely delay if a case is committed or sent to the Crown
Court, and the possible effect on any victim or witness if che case is delayed.
Venue for trial in cases involving youths
9.3. Generally, prosecutors must bear in mind that youths should be tried in che youth court, wherever
possible. Ic is the court which is best designed to meer their specific needs. A trial of a youth in the
‘Crown Court should be reserved for the most serious cases or where the interests of justice require a
youth ro be jointly tried with an adule
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Appendix 3 The Code for Crown Prosecutors
10 Accepting Guilty Pleas
10.1 Defendants may wanc to plead guilty to some, but not all, of the charg
want to plead guilty to a different, 5
of the crime.
10.2 Prosecutors should only accepe the defendant’ plea if they think the court is able to Pass a sentence
that marches the seriousness of the offending, particularly where there are aggravating features
Prosecutors must never accept a guilty plea just because it is convenient
105 In considering whether the plea offered are acceptable, prosecutors should ensure that the interests
and, where possible, the views of the victim, or in appropriate cases the views of che victim's family,
are caken into accounc when deciding whether itis in the public interest o ace pt the plea. However,
the decision rests with the prosecutor
10.4 Te must be made clear co the court on what basis any plea is advanced and accepted. In cases where a
defendant pleads guilty to the charges but on the basis of facts that aredifferent rom the prosecution
case, and where this may significantly affect sentence, the court should be invited to heer evidence
to determine what happened, and then sentence on that basis,
10.5, Where a defendant has previously indicated chat he or she will ask the court to take an offence into
consideration when sentencing, but then declines to admit that offence at cours, prosecutors will
Consider whether a prosecution is required for that offence. Prosecutors should explain to thedefence
advocate and the court thatthe prosecution of that offence may be subject to furgher roves
10.6 Particular care must be taken when considering pleas which would enable the defendant ce coid the
imposition of a mandatory minimum sentence. When pleas are offered, prosecutors also must bear
in mind the face that ancillary orders can be made with some offences bur not with oth
Prosecutors must comply with the’?
Alternatively, they may
ssibly less serious, charge because they are admitting only par
5S
ttorney General's Guidelines on the Acceptance of Pleas and the
Prosecutor's Role in che Sentencing Exercise’ (see appendix 2] which vet ore in greater decail che
extent of prosecutors’ duties and role in the acceptance of guilty pleas
11 The Prosecutor's Role in Sentencing
11.1 Sentencing isa decision for the court, but prosecutors havea duty to offer assistance to the sen cing
Cou in reaching its decision as to che appropriate sentence by drawing the court's accencion to the
following factors:
any aggravating or mitigating factors disclosed by the prosecution case;
any Vietim Personal Statement.
where appropriate, evi
dence of the impact of the offending on a community;
<) any statutory provisions, sentencing guidelines, or guideline cases which may assist; and
©) any relevant statutory provisions relating co ancillary orders (such as anti-social behaviour
orders),
he light ofall the above
11.2: Prosecutors may also offer assistance to the court by making submissions,
factors, as to the sentencing range within which che curren offence fall
3 Inall complex cases or where there isthe potential for misunderstanding, the prosecutor mmuseserou
in writing the aggravating and mitigating factors that he or she will outline when informi ng te
court of the case i the sentencing hearing, In all other cases, this approach should be considered an
undertaken iFit will be of benefir to the court or the public to understand the case ; =
4 Iris the duty of the prosecutor to apply for compensation and ancillary orders, such a8 anti-social
behaviour orders and confiscation orders, in all appropriate cases. W hen considering which ani “
orders to apply for, the prosecutor must always have regard to the victims needs, including
question of their future protection. . eaiieate
Prosecutors should challenge any assertion made by the defence in mitigation that is inate
misleading or derogatory. If the defence persist in the assertion, and it appears relevant © ate!
tence, the court should be invited co hear evidence to determine the facts and sencence according
11.6 Prosecutors must comply with the ‘Attorney General’s Guidelines on th cceprance of he
Prosecutor's Role in the Sentencing Exercise’ [see appendix 2I which set out in greate
extent of prosecutors’ duties and role in the sentencing process
1
12 Reconsidering a Prosecution Decision the prosecution
he prosec
12.1. People should beable to rely on decisions taken by the prosecution service Normally ifthe pro at
service tells a suspect or defendant that there will not be a prosecution, or that ¢ NS Pee enseaution
been stopped, the case will not start again, But occasionally chere are special reasons why ee
by way of an out-o!
service will overturn a decision not to prosecute or to deal with the case by wa
disposal or when iewill restart che prosecution, pacticularly if the case is serious
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These ree
a) rare
the
b) case
neat
th
©) case.
disc:
d) case:
pros
12.3 There ma
may, with
acquittal
the
the
cing
» the
ag the
sdand
social
ccillary
ng the
curate:
be set
dinghy
and BE
acai HE
eeutio”
ition Ba
ior
secu
5f-cour
Appendix 3 The Code for Crown Prosecutors
12.2 These reasons include:
a)
b)
d)
There may also be exceptional cases in which, follow
may, with the written con
rare eases where a new look at the original decision shows that it was wrong and, in order to
maintain confidence in the criminal justice system, a prosecution should be brought despite
the earlier decisions
cases which ate stopped so that more evidence which is likely to become available in the fairly
near future can be collected and prepared. In these cases, the prosecutor will rll che defendant
thac the prosecution may well stare again;
cases which are scoped because of a lack of evidence but where more significanc evidence is
discovered later; and
cases involving a death in which a review following the findings of an inquest concludes that a
prosecution should be brought, nocwichstanding any earlier decision not co prosecute
g an acquittal ofa serious offence, a prosecutor
ent of the DPP, apply to the Court of Appeal for an order quashing the
acquittal and requiring the defendant to be retried.
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