Decision to prosecute

The decision whether to commence a prosecution or not can have far reaching consequences for individuals and organisations suspected of committing criminal offences as well as the victims impacted by the crimes.

Criminal prosecutions should be brought fairly, transparently and by independent prosecutors. The rules and guidance which apply to the decision to prosecute are designed to ensure that the right person is prosecuted for the right offence and that decisions to prosecute are taken fairly, impartially, consistently, transparently and with integrity. Prosecutors are under an obligation to keep the decision to prosecute under review which involves regularly reviewing the available evidence to ensure the charge(s) remain appropriate.

The decision to prosecute and selection of charges

The decision to prosecute must be made in accordance with:

•
the Police and Criminal Evidence Act 1984 (PACE 1984)
•
the PACE 1984 Codes of Practice
•
the Code for Crown Prosecutors

The police and CPS must also consider the requirements of the ‘Director of Public Prosecution's Guidance on Charging’ (DPP Guidance on charging), issued by the DPP under PACE 1984, s 37A. The Guidance on Charging

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