Deceased Suspects - CPS Policy on Charging Decisions
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 It may omit detail or fall out of date.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 CPS guidance outlines the policies surrounding charging decisions when suspects are deceased. It clarifies that the CPS cannot prosecute deceased individuals and will not make hypothetical charging decisions. It also discusses communication regarding past charges and the continuation of investigations in light of a suspect's death. Additionally, the guidance highlights the review process for previous decisions related to deceased suspects and victims' rights regarding these cases.
Key points
- CPS will not charge deceased suspects under any circumstances.
- No hypothetical charging decisions will be made regarding deceased suspects.
- Victims may be informed of charging decisions communicated before the suspect's death.
- Police may continue investigations despite a suspect's death.
- CPS may assist with cases concerning co-conspirators even if one is deceased.
- Reviews of past charging decisions for deceased persons may be requested by the DPP.
- Victims have the right to review decisions regarding prosecutorial actions even posthumously.
- The charging decision process remains vital for justice, excluding deceased suspects.
- CPS decisions are subject to contemporary legal and societal changes during reviews.
- Public interest and victims’ rights are considered in all guidance.
Public-interest factors
- Ensuring justice is served through proper charging decisions.
- Maintaining public confidence in CPS decision-making processes.
- Providing transparency in cases involving deceased suspects.
- Supporting victims' rights to clarity and explanation.
- Fostering a legal environment that respects the deceased.
- Facilitating continued investigations when evidence may implicate others.
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.