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This section explains what happens when the police send the case to us including how we make our decision on what to do in each case, what will happen next if we decide to charge a suspect...
- Principle
- Methods of Termination
- Consultation
- Discontinuance
- Withdrawal of Proceedings
- Leaving An Indictment Or Counts to 'Lie on The File'
- Motion to Quash An Indictment
- Nolle Prosequi - Defence Or Prosecution Application
- Death of A Defendant
- Annex B
The responsibility for continuing with or terminating proceedings lies entirely with the CPS. Prosecutors must continuously review each case and take account of any change in circumstances (see paragraph 3.6 of the Code for Crown Prosecutors). If the prosecutor considers the proceedings should not continue, the case should be terminated at the earl...
Before Conviction
There are several methods by which proceedings may be terminated prior to conviction. When termination of proceedings takes place at court, a full note should be made of what was said by each of the parties and the court. Prosecutors can terminate proceedings in the magistrates' court by: 1. discontinuance - under section 23 Prosecution of Offences Act 1985 ('s23'); 2. applying to withdraw the summons or charge; or 3. offering no evidence Prosecutors can terminate proceedings in the Crown Cou...
After Conviction
It is possible for the prosecutor to terminate proceedings even after conviction, but this will only be appropriate if there is a powerful public interest reason for doing so, such as: 1. the defendant has become gravely ill; 2. the defendant has received a significant custodial sentence in another court for another offence; or 3. it has come to light for the first time that the prosecution evidence is seriously flawed. Termination by the CPS can occur after conviction only if: 1. the court p...
Victims
The Code for Crown Prosecutors(paragraph 4.14(c)) deals with the prosecutor's responsibility to consider the views of the victim. In appropriate cases (e.g. homicide or where the victim is a child or an adult who lacks capacity) prosecutors should also take into account any views expressed by the victim's family. Under the Victims' Right to Review (VRR) scheme, victims have the right to seek a review of a decision to terminate proceedings. However, prosecutors should note that the method of t...
Police
Consultation with the police should take place if all or part of a case is to be terminated, with the following exceptions: 1. the acceptance of pleas where charges were preferred in the alternative; 2. minor adjustments which do not go to the substance of the case, and which are unlikely to affect disposal or penalty; 3. where local agreements specify that consultation is unnecessary. This provides an opportunity for the police to provide additional information that may affect the prosecutor...
The Power to Discontinue
Timely termination of proceedings is in the interests of justice. Sections 23 and 23A of the Prosecution of Offences Act 1985(“the POA”) give prosecutors the power to discontinue proceedings without the need to obtain the leave of the court. Discontinuance avoids the need for a court hearing and the unnecessary attendance of the parties. It enables a defendant in custody to be released immediately without the need to wait until the next hearing. For these reasons, and particularly where it is...
Police: Notice of Proposed Discontinuance
The prosecutor should notify the police of the intention to discontinue: 1. using a written notice; 2. explaining the reasons; and 3. setting a date for a reply (as below). In all cases sufficient time must be left to send a notice of discontinuance to the defendant and court prior to the hearing. Accordingly, the prosecutor should adopt the speediest method of communicating with the police. This may be by e-mail or by telephone as appropriate.
The Magistrates' Court
Discontinuance under s.23 can take place at any time before the magistrates begin to hear evidence in a trial, or before the accused has been sent for trial under section 51 Crime and Disorder Act 1998.
Offences can be withdrawn by the prosecutor in the magistrates' court (only) at any time before adjudication by the court. If proceedings are withdrawn in anticipation that they may be re-instituted if additional evidence comes to light, this should be made clear in court. Leave to withdraw is required. The court has complete discretion whether to ...
Procedure
In the Crown Court the judge has the power to order that entire indictments or some counts on an indictment are ordered to 'lie on the file'. There is no verdict, so the proceedings are not formally terminated. There can be no further proceedings against the defendant on those matters, without the leave of the Crown Court or the Court of Appeal. The consent of the judge is required to leave an indictment or counts to lie on the file. In practice, the judge usually consents, provided that the...
Rape counts linked to murder
Very careful consideration is required before requesting that rape counts related to a murder are ordered to lie on the file. It can be difficult for some victims' families to understand decisions not to proceed with rape counts in such circumstances. See the chapter on “Rape counts linked to Murder left to lie on file” elsewhere in the Legal Guidance. The prosecutor should follow the CPS guidance on Rape and Sexual Offencesconcerning consultation with the victim's family and the factors to c...
This procedure is available only in the Crown Court. The application is usually made by the defence. The procedure can be used by the prosecution to abandon (in order to re-commence) proceedings when the indictment is defective and it is not possible to cure the defect by amendment. This is not an acquittal. To revive the proceedings, fresh proceed...
Description
At any stage after the indictment has been signed and before a Crown Court judgment, the Attorney General can enter a nolle prosequi. It is most often used in cases where the defendant is physically or mentally unfit to be produced at court and the defendant's incapacity is likely to be permanent. A nolle prosequi stops the case and is an indefinite adjournment not an acquittal. This terminates the proceedings, but it does not operate as a bar or discharge or an acquittal on the merits (so th...
Defence applications
If the prosecutor becomes aware that the defence intend to make an application to the Attorney General they should invite the defence to defer it and provide the prosecution with any relevant additional material so that the case can be reviewed. Where medical reports are known to exist, the defence should be asked to provide them for consideration. Such information will often be known only to the defence and may not have been available to the prosecution at the time of earlier reviews. When t...
Prosecution applications
A prosecutor may quite properly apply to the AG for a nolle prosequi. This would be the correct approach where the prosecutor has considered terminating the proceedings but: 1. does not wish termination to lead to an acquittal; or 2. there is no other procedure available for technical or legal reasons (for instance, if the defendant cannot come to court to be arraigned after the indictment has been preferred). When considering this option the prosecutor should consult their Chief Crown Prosec...
In magistrates' courts the individual court should be contacted to see what their preference is. The usual practice is that upon provision of the proof of the death the clerk to the justices enters on the register that the defendant has died. That terminates the proceedings. In the Crown Court formal evidence of death should be given and this can b...
NOTICE OF PROSECUTION'S INTENTION TO OFFER NO EVIDENCE IN THE ABSENCE OF THE PARTIES R -v- CROWN COURT INDICTMENT NO: I confirm that the prosecution proposes to offer no evidence against this defendant who is currently on bail [in custody] Delete whichever is not appropriate awaiting trial. The reason for this course of action is that state reason ...
May 15, 2020 · It will be in the interest of administration of justice to join us to ensure that Kane Douglas is granted an appeal to enable him to get a fair trial, not kept in prison without his case being heard before a public, impartial tribunal.
The defendant won’t be sentenced for any charges until after the trial has happened. To make this decision the prosecutor has to consider a number of factors which are set out in the Code for...
Jul 15, 2019 · It is impossible to predict how long a case will take to go to any court – however, on average it can take up to six months for a case to go to magistrates’ court and up to a year for a case to reach Crown Court.
How long it takes. It varies so we can't tell you a definite timescale, but there can be a long gap between deciding to take a case to court and the trial happening. Going to court. If a suspect is charged and pleads ‘not guilty’ it's very likely that you will be asked to give evidence in court. Special measures to help you in court
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Though many people choose to plead guilty or settle before trial, anyone is within their right to take their disagreement to trial. After voir dire, the trial begins. Each step of the trial process is part of a rigorous system driven by a single purpose – to protect the rights of citizens by resolving disputes fairly.
