Prosecution Guidance on Jurisdiction
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 It may omit detail or fall out of date.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 legal framework governing whether there is jurisdiction to prosecute in England and Wales, focusing on the common law and statutory provisions applicable. It provides details on scenarios involving multiple jurisdictions, extradition procedures, and considerations regarding the 'forum bar' in extradition proceedings. Additionally, it offers insights on prosecuting members of the visiting forces and concurrent jurisdictions with the United States.
Key points
- Jurisdiction is primarily based on common law where crime occurs significantly within the UK.
- Statutory provisions extend England and Wales' reach in cases like terrorism or sexual offences.
- Prosecutors must consider engagement with other jurisdictions at the case strategy stage.
- Forum bar may block extradition if significant activities happened in the UK.
- Prosecutors can issue belief statements regarding jurisdiction suitability.
- Each prosecutor's decision must align with relevant legal principles and document clearly.
Public-interest factors
- Seriousness of the offence
- Location of witnesses
- Accused's connections to the UK
- Potential delays in prosecution
- Resource availability for prosecution
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.