Attorney General's Reference on a Point of Law
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 It may omit detail or fall out of date.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 guidance outlines the procedure for the Attorney General to seek the opinion of the Court of Appeal on points of law arising from criminal acquittals. It details the types of cases that can be referred, the necessary legal principles, and the responsibilities of the Appeals and Review Unit. Key considerations include the importance of the legal issue and the lack of statutory time limits for lodging a reference.
Key points
- The Attorney General can seek a Court of Appeal opinion after a criminal acquittal.
- References are meant for clarifying law, not changing individual case outcomes.
- Cases must raise points of practical importance likely to affect other cases.
- There are no statutory time limits for lodging a reference but it should be done expeditiously.
- The procedure is not for theoretical questions or questions inconsistent with existing authority.
- The Appeals and Review Unit is responsible for deciding on references.
Public-interest factors
- Clarity of law in criminal proceedings
- Prevention of erroneous decisions in future cases
- Guidance on the appropriate use of legal references
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.