Non-Jury Trials
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 It may omit detail or fall out of date.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 procedures for conducting non-jury trials under the Criminal Justice Act 2003, specifically addressing applications for non-jury trials, jury tampering, and the associated rights of appeal. It details the necessary steps for prosecutors when jury tampering is present or suspected and highlights the legal precedents governing such cases. The guidance emphasizes the standards required for a trial to proceed without a jury, ensuring due process and safeguarding the interests of justice.
Key points
- Prosecutors must apply for a non-jury trial when jury tampering is a concern.
- Applications for non-jury trials must follow approval from the Chief Crown Prosecutor.
- The judge must be satisfied that there is a real and present danger of jury tampering for a non-jury trial to be granted.
- Evidence of jury tampering can come from various sources, not just direct threats to jurors.
- The standard of proof for establishing jury tampering is beyond reasonable doubt.
- Discharge of a jury due to tampering requires transparent communication with all parties.
- Any new trial following the discharge of a jury may be ordered to be non-jury based on earlier conditions being fulfilled.
- The Court retains full powers during a non-jury trial as it would with a jury.
- Prosecutors must submit appeals regarding non-jury trial decisions through the correct channels.
- Judgments in non-jury trials must clearly state the reasons for conviction.
Public-interest factors
- Protecting the integrity of the judicial process.
- Ensuring the fair trial rights of defendants.
- Maintaining public confidence in the justice system.
- Preventing jury tampering and related misconduct.
- Safeguarding witnesses from intimidation.
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.