Prosecution and case management index

Charging and case preparation

1 Decision to charge

2 Referral to the CPS for pre-charge advice

2.1 Charging process

2.1.1 Police charge cases

2.1.2 Charging of youths

2.2 Full Code Test

2.2.1 Evidential stage

2.2.2 Public interest stage

2.3 Threshold Test

2.4 CPS advice

2.4.1 Pre-charge referral to the CPS

2.5 Summonsing

2.6 Postal requisitions and postal charging

3 Prosecution

3.1 Preparing a file of evidence

3.1.1 National file standard

3.2 Disclosure

3.2.1 Circumstances for disclosure

3.2.2 Recording disclosure material

3.3 Information sharing

3.4 Performance monitoring

3.5 Cross-jurisdictional prosecutions

Hearing and trial management

1 Court processes

1.1 Adversarial and inquisitorial systems

1.1.1 Adversarial

1.1.2 Inquisitorial

1.2 Preparation for the first court hearing

1.2.1 Pre-trial witness interviews

1.3 Offence types

1.3.1 Summary offences

1.3.2 Indictable offences

1.3.3 Either way offences

1.3.4 Mode of trial hearing

1.4 Young offenders

2 Presentation of evidence

2.1 Victim and witness evidence

2.2 Bad character evidence

2.2.1 Important explanatory value

2.2.2 Substantive probative value

2.2.3 Admissibility

2.2.4 Evidence of previous convictions

2.3 Exhibits

2.4 Expert advisers

2.4.1 Court interpreters

2.4.2 Witness intermediaries

3 Sentencing

3.1 Community sentence

3.2 Fine

3.3 Custodial sentence

3.4 Offences taken into consideration

3.5 Acquittal

3.6 Deferred sentence

3.7 Conditional discharge

3.8 Absolute discharge

4 Appeals against conviction and sentence

4.1 Miscarriages of justice

Possible justice outcomes following investigation

1 Further investigation

2 Restorative justice

3 Neighbourhood justice (out-of-court disposals)

3.1 Out-of-court disposals framework

3.2 Community resolution

3.2.1 Community resolution: operational considerations

3.2.2 Community resolution: administrative considerations

3.3 Cannabis warning

3.3.1 Cannabis warning: operational considerations

3.3.2 Cannabis warning: administrative considerations

3.4 Penalty notice for disorder

3.4.1 Penalty notice for disorder: operational considerations

3.4.2 Penalty notice for disorder: administrative considerations

3.5 Youth caution

3.5.1 Youth caution: operational considerations

3.5.2 Youth caution: administrative considerations

3.6 Adult caution

3.6.1 Adult caution: operational considerations

3.6.2 Adult caution: administrative considerations

3.7 Youth conditional caution

3.7.1 Youth conditional caution: operational considerations

3.7.2 Youth conditional caution: administrative considerations

3.8 Adult conditional caution

3.8.1 Adult condition caution: operational considerations

3.8.2 Adult conditional caution: administrative considerations

3.9 Foreign national offender conditional caution

3.9.1 Foreign national offender conditional caution: operational considerations

3.9.2 Foreign national offender conditional caution: administrative considerations

4 No further action

Enforcing sentences and managing offenders

1 Enforcement

1.1 Warrant management

1.2 Her Majesty’s Courts and Tribunals Service

1.2.1 Court enforcement officers

1.2.2 Traffic enforcement centre

1.3 National Offender Management Service

1.4 National Probation Service

1.5 Her Majesty’s Prison Service
1.6 Parole

1.6.1 Recall

1.6.1.1 Fixed term recall

1.6.1.2 Standard recall

1.6.1.3 Emergency recall

1.6.2 Parole board

1.6.3 Revocation

1.7 Youth Justice Board

2 Offender management

2.1 Integrated offender management

2.1.1 Key principles

2.1.2 Operational principles

2.2 Offender focus

2.2.1 Process

2.3 Other multi-agency structures

2.3.1 Crime and disorder reduction partnerships

2.3.2 Community safety partnerships

2.3.3 Domestic abuse partnerships

2.3.4 Sexual abuse partnerships

2.3.5 Local safeguarding children boards

Victim and witness care

1 Support to victims and witnesses

1.1 Victim personal statement

1.2 Witness care units

1.2.1 Responsibilities

1.3 Special measures for vulnerable and intimidated witnesses

1.3.1 Special measures options

1.4 Very young witnesses

1.5 Victim/witness withdrawal of support for prosecution

1.5.1 Statement of withdrawal of support

1.5.2 Witness summons

1.6 Victim and witness protection

1.7 Compensation

1.7.1 Court award

1.7.2 Criminal Injuries Compensation Authority

1.7.2.1 Investigators responding to victims enquiring about criminal injuries compensation

1.7.2.2 Time limits for making applications

1.7.2.3 Time limit for applicants under 18 years of age on the date of the incident

2 Victims and witnesses in court

2.1 Her Majesty’s Courts and Tribunals Service

Reference material