Appeals – Prosecution Rights
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance outlines the procedures and principles regarding prosecution appeals against adverse rulings made by Crown Court judges during trials on indictment as per Part 9 of the Criminal Justice Act 2003. It covers the general right of appeal, types of rulings that can be appealed, procedural aspects, and key considerations for prosecutors when deciding to appeal. The guidance emphasizes the importance of public interest and statutory requirements in the appeal process.
Key points
- Prosecution has the right to appeal under specific conditions as per section 58 of the Criminal Justice Act 2003.
- The appeal must be against a ruling that terminates the trial or significantly impacts proceedings.
- The prosecutor must provide a guarantee of acquittal before appealing.
- The appeal can only be made with the leave of the trial judge or Court of Appeal.
- Public interest must be considered in the decision to appeal.
- Section 58 allows only single rulings to be appealed, but related rulings can be nominated in specific cases.
Public-interest factors
- Potential harm to public confidence in justice system.
- Serious risk of harm to individuals.
- Nature and seriousness of the offence.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.