Deciding how to deal with the case
In most cases, Crown Prosecutors will decide whether to charge a person with a criminal offence, and will determine the appropriate charge or charges.
In those cases where the police determine the charge, which are usually more minor and routine cases, they apply the same principles.
The CPS will decide whether or not to prosecute by applying the Code for Crown Prosecutors to the facts of the particular case.
Review
Each case the Crown Prosecution Service receives from the police is reviewed to make sure that it is right to proceed with a prosecution. In most cases, Crown Prosecutors are actually responsible for deciding whether a person should be charged with a criminal offence, and if so, what that offence should be.
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 a file 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.
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.