Charging and alternatives to charge
When deciding whether a case should be prosecuted in the courts, Crown Prosecutors consider the alternatives to prosecution in appropriate circumstances. This includes:
- for adults (18+), a
- cannabis warning
- simple caution
- conditional caution
- penalty notice for disorder
- fixed penalty notice (for driving offences)
- and for youths (10 - 17), a:
- reprimand
- final warning
- penalty notice for disorder (16 & 17 year olds only)
When information about a case is received from the police, a Crown Prosecutor will read the papers and decide whether or not there is enough evidence against the defendant and if it is in the public interest to bring that person to court.
In most circumstances they then release the defendant on bail, with a bail sheet that states where and when they should attend court to answer the charge against them. In some cases, such as where the defendant is thought to be dangerous, bail may be refused and the defendant is kept in custody until their first court appearance.
Review
Because circumstances can change, the Crown Prosecutor must keep the case under continual review. If the Crown Prosecutor is thinking of changing the charges or stopping the case, they will contact the police wherever possible. This gives the police the chance to provide more information that may affect the decision.
Although the police and the CPS work closely together, both organisations are completely independent of each other, and the final responsibility for the decision as to whether or not to proceed with an offence that has been charged rests with the CPS.