Disclosure of CPS Decisions Prior to re review

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Dear Crown Prosecution Service,

I am seeking the information relating to charging decisions by the CPS when a decision not to charge has been recommended by the CPS to the police/government agency and the police force/agency has recommended a re review of the material.
Are the CPS or police/agency required by law to inform the defence/parties involved of the original decision and does this decision have any implications on bail or restrictions. Should there be any legal requirements could i be provided with act and section please.

If i can clarify any more please contact me.

Yours faithfully,

Mr Reddy

a.k.a

Mr Realist

Nayee Manjula, Crown Prosecution Service

Dear Mr Reddy

Thank you for your email contents of which are duly noted.

With regards to your first point:

Police action post referral please sees Directors Guidance paragraph 11:

11. Police action post referral and escalation procedure.

11.1 In any case where the Threshold is met and the case has been referred
to a Crown Prosecutor for a charging decision, and the decision of the
Crown Prosecutor is to charge, caution, obtain additional evidence, or
take no action, the police will not proceed in any other way without first
referring the matter back to a Crown Prosecutor.

Dispute resolution

Where in any case an Investigating or Custody Officer is not in agreement
with the charging decision, the Report requirements or any diversion
proposal of a Crown Prosecutor and wishes to have the case referred for
further review, the case must be referred to the BCU Crime Manager
(normally Detective Chief Inspector), or appointed Deputy, for
consultation with a CPS Unit Head, or appointed Deputy for resolution. If
further escalation is required, the involvement of the Divisional
Commander and the Level E Unit Head or Chief Crown Prosecutor should be
obtained. Procedures should be in place for this review to be conducted
speedily.

This process is conducted expeditiously, so there should be no
implications for bail - if the suspect is detained, this should occur
immediately, or if the suspect is on bail, prior to return.

With regard to your second point

. Disclosure

.

The basic rule regarding advice is that the MG3 is protected by Public
Interest Immunity and Legal Professional Privilege and is not to be
disclosed to any third party. Further may I refer you to The Criminal
Procedure and Investigations Act 1996 as amended, The Code of Practice
issued under the Act, PACE and the Criminal Procedure Rules.

Reports, advices and other communications between the CPS and police in
themselves will usually be of an administrative nature or derivative in
that they contain professional opinion based on evidential material or
material already subject to revelation. They will usually have no bearing
on the case and thus will not be relevant. If the content of any such
document is, however, relevant and not recorded elsewhere then guidance
states that the material should be dealt with in accordance with these
instructions and described on the appropriate schedule. The prosecutor
must not assume that there is no basis for disclosure.

May I ask you to refer to the Directors Guidance which is available and
accessible on our CPS website.

I hope the above has been of assistance.

Yours sincerely

Manjula Nayee

Senior Policy Advisor

Strategy and Policy Directorate

Crown Prosecution Service

Rose Court

2 Southwark Bridge Road

London SE1 9HS

tel: 020 33570872

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