Reconsidering a Prosecution Decision
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 It may omit detail or fall out of date.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 guidance outlines the circumstances under which prosecutors may initiate or reinstate criminal proceedings after the Crown Prosecution Service (CPS) has previously indicated that there would be no prosecution or that ongoing proceedings have been halted. It details the legal basis for such actions, the principles governing them, and the process including reviews of prior decisions. Public interest and the rights of victims are central themes, emphasizing that justice must not be denied due to earlier decisions that can be revisited under certain legal frameworks.
Key points
- Prosecutors can reinstitute proceedings after a case was previously discontinued.
- There are legal limits on when proceedings cannot be resumed.
- Victims have the right to request a review of decisions not to prosecute.
- Decisions to reinstate must be approved by a Deputy Chief Crown Prosecutor or higher.
- Certain public interest factors guide the decision-making process for reinstatements.
Public-interest factors
- Victims of crime deserve justice.
- Public confidence in the criminal justice system must be maintained.
- Prosecution decisions must be based on solid evidence and public interest.
- Protection of defendants from wrongful prosecution is essential.
- The law allows decision reversals under specific circumstances.
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.