Points 2 Prove
The Ultimate Police Handbook
Charging Decisions
Police decision V CPS decision to charge
Below is a list of common offences which dictates who can make the charging decision. The below applies provides a quick guide.
Exceptions:
- *Any offence involving Hate crime or Domestic Abuse MUST be CPS decision irrelevant of plea (unless an OOCD is being sought)
- **If S70 POCA confiscation order is being considered, these are not SST so CPS need to make the decision.
- If an either way offence and not SST, CPS advice must be sought on a GAP.
| Offence | Guilty | Not Guilty | |
|---|---|---|---|
| Drunk & Disorderly | Summary | Police | Police |
| S.2 Public Order Act Violent Disorder | Either Way | CPS | CPS |
| S.3 Public Order Act Affray | Either Way | CPS | CPS |
| S.4 Public Order Act | Summary | Police | Police |
| S.5 Public Order Act | Summary | Police | Police |
| Malicious Communications (S127 Communications Act 2003) | Summary | Police | Police |
| Malicious Communications (S1 Malicious Communications Act 1988) | Either Way | Police | CPS |
| Offensive Weapon/Bladed Article | Either Way | Police | CPS |
| Section 39 Assault | Summary | Police | Police |
| Section 47 ABH | Either Way | CPS | CPS |
| Obstruct or Resist Police | Summary | Police | Police |
| Assault by Beating of an Emergency Worker* | Either Way | Police | CPS |
| Intentional Strangulation* | Either Way | Police | CPS |
| Theft Shoplifting (Under £200, STL Applies) (Over £5000 NSST) | Either Way | Police | Police |
| Criminal Damage Under £5000 | Summary | Police | Police |
| Criminal Damage Over £5000 | Either Way | CPS (Police if SST) | CPS |
| Drive Excess Alcohol | Summary | Police | Police |
| Drunk in Charge of vehicle | Summary | Police | Police |
| Driving whilst disqualified | Summary | Police | Police |
| Document Offences ie No Insurance | Summary | Police | Police |
| Drugs Possession - Personal Use | Either Way | Police | CPS |
| Drugs Possession - Supply** | Either Way | CPS (Police if SST) | CPS |
| Section 2 Harassment | Summary | CPS | CPS |
| Section 4 Harassment | Either Way | CPS | CPS |
| Stalking | Summary | CPS | CPS |
| Dangerous Dog Act - No Injury | Summary | Police | Police |
| Dangerous Dog Act - Injury | Either Way | Police | CPS |
| Making off without payment | Either Way | Police | CPS |
| Criminal Attempts | Either Way | As Main Offence | As Main Offence |
| Handling Stolen Goods | Either Way | Police | CPS |
| Fraud** | Either Way | Police | CPS |
| Vehicle Interferance | Summary | Police | Police |
| TWOC | Summary | Police | Police |
| Agggravated TWOC | Either Way | Police | CPS |
| Going Equipped | Either Way | Police | CPS |
| Dangerous Driving | Either Way | CPS (Police if SST) | CPS |
| Driving Without Due Care | Summary | Police | Police |
| Threats to Kill* | Either Way | Police | CPS |
| Section 18 GBH | Indictable | CPS | CPS |
| Section 20 GBH | Either Way | CPS | CPS |
| Sexual Offences | Either Way | CPS | CPS |
| Impersonating Police | Summary | Police | Police |
| Burglary - Dwelling | Either Way | Normally CPS | CPS |
| Aggravated Burglary | Either Way | CPS | CPS |
| Burglary - Other | Either Way | Police | CPS |
| Perverting Course of Justice | Indictable | CPS | CPS |
| Arson (Damage/Destroy Property) | Either Way | Police | CPS |
| Arson (Endanger Life) | Indictable | CPS | CPS |
| Robbery | Indictable | CPS | CPS |
| Firearms | Varies | CPS (Unless Minor) | CPS |