Question to the Attorney General:

To ask the Attorney General, how many cases have been passed to the CPS by the police which the CPS has decided not to pursue (a) in each region and (b) at CPS Direct in each year since 2009.

The Crown Prosecution Service (CPS) maintains a central record of the number of suspects (not cases) referred to prosecutors for a pre-charge decision and the number of decisions not to prosecute suspects following a charging decision.

The tables at Annex 1 show the outcome of referrals from the police for a pre charge decision. Data is provided for each one of the CPS’ regional Areas from 2009/10 to 2017/18. This dataset incorporates all decisions taken by CPS Direct over this period.

The outcome of a decision can be one of the following:

• Charge; Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant and that the prosecution is in the public interest.

• Take no further action for either evidential or public interest reasons;

• Recommend that an out of court disposal is appropriate, such as a caution, conditional caution or that the offence is taken into consideration with other charges;

• Administratively Finalise in cases where an early investigative advice has been sought by the police or, there is insufficient evidence to bring a charge at first referral, the police have been asked to complete an action plan and no further evidence is forthcoming. These cases may be reopened, if at a later date, new material is provided to the prosecution enabling a charging decision to be made; and

• Other, when the result of the charging decision is not known or has not been given for that suspect.

The Charging and No Further Action (NFA) rates will vary from Area to Area depending upon the practice of local police forces to NFA weak cases without reference to the CPS. The Administratively Finalised rate is largely determined by the number of cases referred to the CPS for early investigative advice. In recent years, there has been a rise in the proportion of cases administratively finalised following an increased use of early investigative advice in rape cases.