Out of Court Resolutions
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 It may omit detail or fall out of date.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 principles and procedures for handling out-of-court resolutions within the criminal justice system. It specifies when prosecutors may opt for simple or conditional cautions instead of formal prosecution, emphasizing the importance of public interest and the necessity for offender admission. The guidance also provides details on decision-making processes, relevant provisions, and various diversion options available for offenders, including restorative justice practices.
Key points
- Prosecution usually occurs unless public interest factors suggest otherwise.
- Out-of-court resolutions require offender admission to the offence.
- The police have the authority to administer simple cautions without CPS interference.
- Conditional cautions must be assessed with regard to public interest and seriousness of the offence.
- Victims’ views must be considered in out-of-court resolution decisions.
- Restorative justice processes may be part of conditional cautions.
Public-interest factors
- Seriousness of the offence
- Victim's views on prosecution
- Likelihood of reoffending
- Public confidence in justice system
- Impact on public safety
- Rehabilitative potential 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.