What is the difference for that matter between "charging" and "prosecuting"?
1 Answer
The charging guide outlines the division of charging responsibility between police and the Crown Prosecution Service:
- The police may charge:
- Any summary only offence, irrespective of plea;
- Any offence of retail theft (shoplifting) or attempted retail theft, irrespective of plea, provided it is suitable for sentence in the magistrates’ court; and
- Any either way offence anticipated as a guilty plea and suitable for sentence in magistrates’ court;
Provided that this is not:
- a case requiring the consent to prosecute of the DPP or Law Officer;
- a case involving a death;
- connected with terrorist activity or official secrets;
- classified as Hate Crime or Domestic Abuse under CPS Policies;
- a case of harassment or stalking;
- an offence of Violent Disorder or Affray;
- causing Grievous Bodily Harm or Wounding, or Actual Bodily Harm;
- a Sexual Offences Act offence committed by or upon a person under 18;
- an offence under the Licensing Act 2003.
Prosecutors make charging decisions in all cases not allocated to police.
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How can a defendant's plea be anticipated in any way? Sep 30, 2022 at 23:31
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If the police have a higher rate of correctly predicting a plea then why do they take charging advice from CPS? Sep 30, 2022 at 23:41