---

Crown Prosecution Service

Answer

Crown Prosecution Service (CPS) records show that, during the year ending December 2007, proceedings in respect of 25,743 defendants were discontinued or withdrawn at court because pursuing the cases was deemed not to be in the public interest. That figure represents 2.4 per cent. of defendant cases referred for prosecution during that period.During the same period, proceedings against 53,541 defendants were discontinued or withdrawn at court because the evidential test contained in the Code for Crown Prosecutors was not satisfied. That figure represents 5 per cent. of defendant cases referred for prosecution.All cases are reviewed in accordance with the Code, and a prosecution can only proceed if the two tests set out in the Code are met. Firstly, a Crown prosecutor must be satisfied that there is enough evidence to provide a realistic prospect of conviction. This is an objective test which means that a jury or bench of magistrates or judge hearing a case alone, properly directed in accordance with the law, is more likely than not to convict the defendant of the charge alleged.If the case passes the evidential test, the Crown prosecutor then has to consider whether a prosecution is required in the public interest. A persecution will usually take place unless there are public interest factors tending against prosecution that clearly outweigh those tending in favour.The review of a case is a continuing process, and Crown prosecutors must take account of any change in circumstances. This may mean that a case is either discontinued or withdrawn at court if there is no longer a realistic prospect of conviction or if it is not in the public interest to continue.The tables at annex A outline the volume and proportion of cases discontinued or withdrawn at court in comparison to other outcomes and provide data in respect of each CPS area for the years ending December 2007 and December 2006. Table 1 shows the volume and proportion of cases recorded as having been dropped as against all outcomes. CPS records disaggregate prosecutions dropped into four broad categories: evidential; public interest; unable to proceed and other reasons. Table 2 compares total prosecution dropped outcomes with total unsuccessful outcomes, convictions and all outcomes.The tables at annex B show the reasons for dropped prosecutions in each of the four broad categories.All tables have been placed in the Library.

Secondary information

Type

Written question

Reference

186175; 472 c120-1W

Session

2007-08

Related items

Deposited Paper DEP2008-0461
Monday, 18 February 2008
Deposited papers
House of Commons

Subjects

Crown Prosecution Service Crown proceedings

Link

View this Written question on www.publications.parliament.uk