Reconsidering a Prosecution Decision (CPS Guidance)

Wednesday 31st October 2012 Written Statements

[The Attorney-General (Mr Dominic Grieve)]

The Crown Prosecution Service (CPS) has today published revised guidance to prosecutors on the circumstances in which a decision not to prosecute or to terminate proceedings might be reconsidered and the procedure to be followed.

In a written answer of 31 March 1993 the then Attorney-General stated that in certain circumstances it may be appropriate for decisions not to prosecute or to terminate proceedings previously taken to be reconsidered. Two specific examples were given of where such reconsideration might be appropriate:

Rare cases where reconsideration of the original decision shows that it was not justified and the maintenance of confidence in the criminal justice system requires that a prosecution be brought notwithstanding the earlier decision; and

Those cases where termination has been effected specifically with a view to the collection and preparation of the necessary evidence which is thought likely to become available in the fairly near future. In such circumstances the CPS will advise the defendant of the possibility that proceedings will be re-instituted.

In those circumstances it was stated that the decision would be taken at chief Crown prosecutor level.

The revised guidance gives two new instances after which the decision to reinstate proceedings need not be taken by a chief Crown prosecutor:

Where the decision is taken to reinstitute a case where the police failed to send a file (digital or otherwise) in time for the first hearing at the magistrates’ court and the court refuses to allow an adjournment resulting in the proceedings being withdrawn.

Where the decision is taken by the CPS to prosecute after the police have previously decided to take no further action on a file but later refer the file to the CPS for a charging decision.

These are in addition to the two instances mentioned in the previous version of the guidance: where the original proceedings were discharged by a magistrate or district judge; and where the original proceedings were terminated after the decision was taken to withdraw transfer proceedings because the court had refused an adjournment.

A copy of the revised guidance has been placed in the Libraries of both Houses.