Decision to prosecute

Decision to prosecute guidance:

The Code for Crown Prosecutors states that when making a decision to prosecute, consideration should be given to alternatives to prosecution. The two main alternatives to...

Practice Note

Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend on the authority...

Practice Note

The Crown Prosecution Service is the public prosecutor in the UK. It is led by the Director of Public Prosecutions (DPP), who reports to the Attorney General (AG). The...

Practice Note

Civil recovery of property, which represents criminal property derived from unlawful conduct Civil recovery is the name given to the powers under Part 5 of the Proceeds...

Practice Note

Civil recovery—enforcement abroad prior to the Crime and Courts Act 2013 Before the commencement of the Crime and Courts Act 2013, Schedule 18, Part 2 (CCA 2013) on the...

Practice Note

Involvement of prosecutors in conditional cautions Conditional cautions were implemented by sections 22–27 of the Criminal Justice Act 2003 (CJA 2003). They were intended...

Practice Note

Guidelines which apply when considering a charge The Director of Public Prosecutions (DPP) undertook to produce the Crown Prosecution Service (CPS) Guidelines...

Practice Note

What is a deferred prosecution agreement? A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter...

Practice Note

This Practice Note summarises the Deferred Prosecution Agreement Code of Practice published by the Serious Fraud Office (SFO) and Crown Prosecution Service (CPS) on the...

Practice Note

What amounts to the conclusion of criminal proceedings? A typical criminal case concludes with either an acquittal at the end of a trial, or a conviction and sentence...

Practice Note

Bench warrants The Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer his bail, the court may issue a warrant for his arrest. This is...

Practice Note

Immunity under the Serious Organised Crime and Police Act 2005 Since 1 April 2006 there has been a statutory framework for giving immunity. It was not intended that the...

Practice Note

Judicial review is the process by which the lawfulness of the decisions, acts or omissions of public bodies are challenged in the High Court. Judicial review is not...

Practice Note

What is a fixed penalty notice? The Criminal Justice and Police Act 2001 (CJPA 2001) makes provision for fixed penalty notices in respect of specified disorderly...

Practice Note

Sections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement secondary legislation for the purposes of giving effect to requests...

Practice Note

STOP PRESS: The Private Prosecutors Association (PPA) has published the first edition of the Code for Private Prosecutors. The Code of Practice is voluntary but members...

Practice Note

Commencing proceedings against a company Before a company is prosecuted a decision will be taken as to who is the appropriate prosecuting body. Once this and jurisdiction...

Practice Note

Conditions of bail A defendant granted bail by the court may be required to comply with conditions of bail both before and after bail is granted. See Magistrates’ court...

Practice Note

The youth justice system The law that governs the system of criminal justice in respect of children and young persons in England and Wales can be complex. In essence,...

Practice Note