Judicial Review of CPS Prosecuting Decisions (Appeals)
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 It may omit detail or fall out of date.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 procedures and standards for judicial review of decisions made by the Crown Prosecution Service (CPS) regarding prosecutions. It discusses the circumstances under which decisions can be challenged, emphasizing the courts' reluctance to intervene in prosecutorial decisions. The document covers important concepts such as the role of the Victims' Right to Review Scheme, the duty of candour, and the necessity of adhering to CPS policies.
Key points
- Judicial review of CPS decisions can only occur in exceptional circumstances.
- The High Court has a constitutional deference to the decisions of the CPS.
- Decisions not to prosecute are more frequently challenged than those to prosecute.
- Judicial reviews under the Victims' Right to Review Scheme follow specific procedural guidelines.
- Crown prosecutors must correctly apply relevant legal standards and CPS policies.
Public-interest factors
- Maintaining prosecutorial independence.
- Public confidence in the legal system.
- Ensuring proper application of the law.
- Protection of victims' rights.
- Prevention of judicial overreach into prosecutorial discretion.
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.