How prosecution decisions are made

The CPS applies the law, evidence and public interest to each prosecution decision within its remit.

A prosecution decision is not a political decision and is not made by the police, a minister, a platform administrator or the court. The prosecutor must act independently and within the authority given by current law and procedure.

The evidential assessment asks whether the available admissible evidence provides a proper basis for proceedings. The public-interest assessment considers the factors that the applicable prosecution code or guidance requires.

Published guidance explains the decision framework. It does not create an offence, power, consent requirement or right of review that is not otherwise established.