How Long Does the CPS Take to Reach a Decision?

How Long Does the CPS Take to Reach a Decision?

‘How long does the CPS take to reach a decision?’

What is the Role of the CPS in Charging Decisions?

  There is enough evidence for a realistic prospect of conviction.

  It is in the public interest to prosecute.

  The case has been investigated properly and fairly.

How Long Does the CPS Take to Decide on Charges?

1. Summary Offences (Decision in Days or Weeks)

 Examples: Minor assaults, shoplifting, public disorder offences.

 Expected Timeframe: A few days to 4 weeks.

  Reason: These cases are straightforward, involve minimal evidence, and are typically dealt with in the Magistrates’ Court.

2. Either-Way Offences (Weeks to Months)

 Examples: Theft, fraud, possession of drugs with intent to supply, actual bodily harm (ABH).

  Expected Timeframe: Several weeks to 3 months.

  Reason: These cases may require further police investigation, forensic analysis, or witness statements before a decision is reached.

3. Indictable-Only Offences (Months to Years)

 Examples: Murder, rape, complex fraud, serious organised crime.

  Expected Timeframe: Several months to over a year.

 Reason: These cases require in-depth investigation, expert forensic evidence, and sometimes multiple defendants, making the charging process lengthy.

Factors That Affect the CPS Decision Time

 Complexity of the Case – More complex cases require an extensive evidence review.

  Forensic Evidence Processing – DNA, fingerprint, and electronic device analysis can delay decisions.

  Witness Cooperation – If key witnesses are unavailable or reluctant to testify, this can impact the timeline.

 CPS Workload – High-profile or backlog cases can slow down the decision-making process.

  Further Police Investigations – Sometimes, the CPS may return a case for further investigation before making a final decision.

Can You Speed Up a CPS Charging Decision?

  Request Regular Updates – Your solicitor can contact the CPS or police for case progress.

  Submit Additional Evidence – If there is evidence that can clarify the case, provide it as soon as possible.

  Apply for Early Review – In some cases, legal representatives can request an expedited decision.

 Challenge Delays – If there are unreasonable delays, your solicitor can take legal action to prompt a decision.

What Happens After the CPS Makes a Decision?

1. No Further Action (NFA)

 The CPS decides not to charge due to a lack of evidence or public interest.

  The suspect is released without further action.

 The case can still be reopened if new evidence emerges.

2. Charge is Approved

 The CPS authorises charges, and the case proceeds to court.

  The suspect is either bailed or remanded in custody.

  A court date is set for the first hearing.

3. Request for More Evidence

 The CPS may ask the police for additional evidence before making a final decision.

  The investigation remains open while further enquiries are conducted.

What to Do If You Are Waiting for a CPS Decision

 Stay in Contact with Your Solicitor – They can check for case updates and advise on next steps.

  Avoid Contacting Witnesses or Alleged Victims – This can be misinterpreted and harm your case.

 Prepare for All Outcomes – Whether the CPS decides to charge or not, being legally prepared is crucial.

  Seek Emotional and Legal Support – Waiting for a decision can be stressful; professional guidance can help.

How a Solicitor Can Help During the CPS Decision Process

  Monitor the progress of the case and liaise with the CPS.

 Ensure evidence is fairly reviewed and defend against weak allegations.

 Challenge unnecessary delays if the CPS is taking too long.

  Advise on your legal rights and prepare a defence strategy if charges are approved.

 Assist in appealing an NFA decision if necessary.

How Long Does the CPS Take to Reach a Decision? Understanding the Timeline and What to Expect

 If you need legal assistance regarding a CPS charging decision, contact our specialist solicitors today for expert advice and representation.

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