Retrial of Serious Offences
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 It may omit detail or fall out of date.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 legal framework and procedures for reopening investigations and prosecuting individuals who have been acquitted of certain serious offenses, under the Criminal Justice Act 2003. It specifies the required personal consent from the Director of Public Prosecutions (DPP) for actions related to serious offences that allow for retrials based on new and compelling evidence. Additionally, it elaborates on the concepts of 'qualifying offences' and the investigatory steps necessary after an acquittal, emphasizing safeguards against harassment of acquitted persons.
Key points
- Personal consent from the DPP is required for re-investigations and retrial applications.
- A retrial can occur only for 'qualifying offences' after new and compelling evidence.
- The guidance outlines necessary investigatory steps under sections 85 and 86 of the CJA.
- Victims and witnesses must be informed throughout the retrial process.
- Reporting restrictions may be applied to protect the integrity of the retrial.
Public-interest factors
- The strength of the new evidence.
- The potential for public confidence in the justice system.
- Consequences for victims and their families.
- Prevention of harassment of acquitted persons.
- The public interest in resolving serious crimes.
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.