Re-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 It may omit detail or fall out of date.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 circumstances under which a re-trial may be necessary, emphasizing cases where juries or magistrates cannot reach a verdict, and when the Court of Appeal quashes a conviction. It provides detailed protocols for prosecutors to follow, including the application of the two-stage test and the importance of public interest factors in deciding whether to proceed with a re-trial. Specific guidelines for handling cases involving multiple jury disagreements and the need for extreme caution in seeking a third trial are also discussed.
Key points
- Prosecution must apply a two-stage test for re-trial decisions.
- Victim and police views are significant in the public interest stage.
- A third trial is rare and requires extreme justification.
- Adjournment may be sought to decide on re-trial if a jury fails to deliver a verdict.
- Court of Appeal orders for re-trials must be adhered to within two months.
Public-interest factors
- Victim's views on re-trial
- Police and counsel assessments
- Strength of evidence
- Nature of the crime
- Interest of justice
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.