Skip to content

Judicial Independence and Out of Court Discussions

Plain-English digest of CPS prosecution guidance.

All CPS 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 It may omit detail or fall out of date.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 fundamental principles regarding judicial independence and the conduct of CPS staff during court proceedings. It emphasizes the importance of maintaining a fair and impartial judicial process, prohibiting staff from influencing the judiciary inappropriately. The document also details acceptable and unacceptable forms of communication between prosecutors and judges, highlighting the necessity of transparency and accountability in casework handling.

Key points

  • Judicial independence is crucial for the integrity of the Criminal Justice System.
  • CPS staff should never influence the judiciary outside of court advocacy.
  • Out-of-court communications should be limited to administrative matters.
  • Any discussions regarding cases should be held in open court, barring exceptional circumstances.
  • Improper communications with court officials must be strictly avoided.
Read the full guidance on cps.gov.uk
Last reviewed: 1 July 2018 · Next review due: 1 January 2019

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.