CJS working together for the public

After the file has been forwarded to the Crown Prosecution Service it will be reviewed either by a legally trained non-lawyer known as a 'designated caseworker' (DCW), or by a Crown Prosecutor who will be a qualified solicitor or barrister. Designated caseworkers are supervised by Crown Prosecutors and deal with less serious cases where the defendant is expected to plead guilty at the first hearing. If the case is more serious or the defendant does not plead guilty at the first hearing it will be allocated to a Crown Prosecutor. If the prosecutor provided advice on the case before charge, he or she will be familiar with the case. However, where the police have not asked for CPS advice before charge, this may be the first time the prosecutor sees the case file.

The CPS has 42 Area Offices in England and Wales, and many more local branches. The case will normally be handled by one of these offices in the area where the offence took place. The CPS will be able to give you details about that particular office. Alternatively, you can contact the CPS central public enquiry point on 020 7796 8500 or e-mail them at enquiries@cps.gov.uk. The enquiry point cannot answer questions about individual cases, but will try to put you in touch with someone in the relevant local office who can help.

The CPS recognises that involvement in criminal proceedings can be very upsetting for victims and their families. The CPS Statement on the Treatment of Victims and Witnesses sets out the standards of care and treatment which you can expect in such cases. You can get a copy of the Statement on the Treatment of Victims and Witnesses by calling the CPS Communications Branch on 020 7796 8023. (This leaflet is currently being updated. When complete it will be available in a range of languages. Please contact CPS Communications Branch for information).

The Code for Crown Prosecutors sets out the basic principles that Crown Prosecutors must follow when making prosecution decisions. You can get a copy by calling the CPS Communications Branch on 020 7796 8023. Copies can be obtained in other languages. Please contact CPS Communications Branch for details.

Reprimands and Final warnings have replaced cautions for Young Offenders. The police can issue a Final Warning instead of resorting to prosecution. An offender can receive a maximum of one Final Warning before being sent to court, except where the first warning was given more than two years ago. Two warnings is the legal maximum. When a Final Warning has been issued the offender is referred to a youth offending team. The offender will be assessed and in the vast majority of cases a rehabilitation programme aimed at preventing re-offending is provided.

If a young person is reprimanded or given a final warning for the offence, you may be contacted by the Youth Offending Team (YOT). The YOT is a multi-agency group (including the police) who work with victims and young offenders to try to prevent re-offending and, in appropriate circumstances, use restorative justice techniques or reparation to enable you to make the young person aware of the consequences of their actions. You do not have to be involved in this if you do not want to, but many victims find it helpful to have had this opportunity.

You can find more details of how prosecution decisions are reached in the leaflet "The Decision to Prosecute". You can get a copy by calling the CPS Communications Branch on 020 7796 8023. Copies are available in other languages. Please contact CPS Communications Branch for details.

A 'realistic prospect of conviction' means that the magistrates or jury are more likely than not to convict the defendant of the charge alleged. If there is not a realistic prospect of conviction, the case must not go ahead, no matter how important or serious it may be.

Unless the case is concluded at the first hearing, a CPS lawyer will be in charge of the case from start to finish, although court hearings will often be conducted by a number of different prosecutors. If the case goes to the Crown Court, a CPS caseworker will be appointed to look after the administration of the case including witness care and usually a barrister will be instructed to prosecute the case in court. However, any important decisions about the case remain where possible with the Crown Prosecutor in charge of the case.

No. You will not usually meet the prosecutor until you attend court for the trial. However, if you are a child or an adult who is vulnerable or intimidated, the prosecutor and the police may meet you on a date before the trial to discuss your needs, the roles of the people involved in the trial, court procedures as well as any special measures.

No. Your address is recorded on the back of your witness statement. The defendant or his solicitor will only receive a copy of the front of the statement.

When a suspect has been interviewed about an offence and has admitted their part in it, then charging is not the only option available to the police. If the suspect fits certain criteria and the offence is not too serious then the police can caution an adult or give a reprimand or final warning to a young person.

The police are generally responsible for keeping you and other witnesses informed of the progress of the case. However, the CPS will inform you if a decision is made to drop or substantially alter a charge and, where possible, provide an explanation for that decision. Additionally in cases involving a death; child abuse; sexual offences; racially aggravated offences and cases with a homophobic or transphobic element the CPS will where possible, offer to meet you to explain a decision to drop or substantially alter a charge.

If for some reason the Crown Prosecution Service decides not to start criminal proceedings against the defendant, you are entitled to start your own private prosecution. The CPS also has the power to take over and continue or discontinue a private prosecution if it believes that is necessary. You should get legal advice before you take a step like this. It could be very expensive, because Community Legal Service Public Funding (formerly legal aid) is unlikely to be available.

Information about Community Legal Service Public Funding and how to apply for it is available from:

• The leaflet A Practical Guide to Community Legal Service Funding by the Legal Services Commission. You can obtain a copy by calling 020 7759 0360. This leaflet is available in other languages;
• The Community Legal Service (CLS) Directory, available at public libraries;
• The CLS website: www.clsdirect.org.uk; or
• The CLS helpline on 0845 608 1122.