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Re-trials

Plain-English digest of CPS prosecution guidance.

All CPS 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 It may omit detail or fall out of date.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
Re-trialsJury VerdictsMagistrates VerdictsCourt of Appeal ConvictionsDouble Jeopardy
Read the full guidance on cps.gov.uk
Last reviewed: 16 October 2024 · Next review due: 16 April 2025

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.