Nominal Penalty - cases where this is likely
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 It may omit detail or fall out of date.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 prosecution guidance outlines the circumstances under which prosecutors should consider charging for offences likely to result in a nominal penalty. It emphasizes the need for sufficient evidence and the public interest factors outlined in the Code for Crown Prosecutors. The guidance identifies various considerations, including the seriousness of the offence and the implications for victims, that must be weighed when making prosecution decisions in such cases.
Key points
- Prosecutors must assess the public interest when a nominal penalty is likely.
- Nominal penalties include absolute discharges or sentences with no material effect.
- The seriousness of the offence influences the decision to prosecute.
- Victim input is crucial in considering public interest and circumstances.
- Proportionality in cost and resource implications is a key factor.
Public-interest factors
- Deterrence against prevalent or serious offending
- Recognition of wrongdoing in a court setting
- Encouraging victims to report offences
- Safeguarding through formal findings
- Upholding public confidence in justice
- Rehabilitation of the offender
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.