Question to the Attorney General:

To ask the Attorney General, what the procedure is for presenting a case to the Crown Prosecution Service independently of the police.

The Crown Prosecution Service (CPS) is the principal prosecuting authority for England and Wales. The functions of the Director of Public Prosecution (DPP) as head of the CPS are set out in section 3 of the Prosecution of Offences Act 1985.

The DPP may instigate a prosecution in any case investigated by the police or any of the Government departments or other agencies specifically set out in section 3 and in the exercise of any power specifically assigned to her by the Attorney General. There is no power to prosecute offences which have been investigated by any person or body not listed in section 3 or in an assignment, with the exception that the DPP may also institute criminal proceedings in any case where it appears to her to be appropriate to do so, including cases of particular importance or difficulty.

The use of this power is rare, and anyone approaching the CPS asking them to consider a case for prosecution under this section will usually be recommended to contact the police, as the CPS has no power to investigate a case.

In addition, section 6 of the same Act preserves the right of any individual to commence a private prosecution although the DPP may also take over such proceedings where it is appropriate.