Case Referred to the CPS for a Charging Decision

The first issue is the charging test. Under the Full Code Test, the prosecutor considers evidential sufficiency before moving to the public-interest stage. The assessment includes the likely defence and other information put forward by the suspect where relevant.

The second issue is whether the referral is actually ready for a final charging decision. The Director’s Guidance on Charging sets out the framework for police referrals and the material ordinarily required. Prosecutors may request further evidence or investigation rather than authorise a charge immediately.

The third issue is timing. A case described informally as being “with the CPS” may be there for early advice, a charging decision, or because further work has been requested. The defence should identify the actual status rather than assume the phrase has one fixed meaning.

Potentially important material includes the suspect interview, complete communications, CCTV, body-worn video, witness evidence, medical or forensic material, digital evidence, financial records, expert material and documents supporting an alternative chronology or explanation.

The defence should distinguish evidence that genuinely bears on the charging test from material that merely repeats the denial. Focused contemporaneous material is generally more useful to the decision-maker than an indiscriminate document bundle.

Reasonable enquiries may include preserving or obtaining CCTV, complete communications, location or travel records, financial or transaction evidence, expert or forensic material, independent witnesses and specific third-party records capable of pointing towards or away from the suspect.

Where a charging referral is incomplete, the CPS may ask for further work. A defence request should therefore identify the precise missing enquiry, the live evidential issue and why the result could affect the charging assessment.

Police submit appropriate cases to the CPS through the charging framework. Depending on the material supplied, the prosecutor may authorise charge, advise that the prosecution test is not met, request additional investigation or provide early advice while the investigation continues.

Government information published in January 2026 reported a mean average of 46 calendar days in 2024-25 from first CPS receipt for early advice or a charging decision to the decision to charge and prosecute. That management-information measure includes cases involving further police evidence and repeat submissions, so it is not a guaranteed timetable for an individual case.

If the CPS asks for more work, the case can return to police investigators and later be resubmitted. If the prosecution test is not met and no further useful enquiry is identified, the case may conclude without charge.

Confirm whether the police have actually referred the case to the CPS and, if possible, whether it is for early advice or a charging decision. Keep the officer’s correspondence, bail or RUI paperwork and any reference confirming the referral.

Preserve the evidence you say matters. Do not contact a complainant or witness in breach of bail conditions or in a way that could create a fresh allegation. If CCTV, digital data or other time-sensitive material could be lost, identify it immediately.

Send the allegation; police force and officer; interview date and outcome; bail or RUI status; next known date; any message confirming CPS referral; the key communications, CCTV, financial, medical, forensic or witness material; and any urgent professional or regulatory deadline.