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Home » Professionals » Legal Guidance » A to C » Casework Referral

Referral Of Cases To Headquarters Casework Divisions, The Principal Legal Advisor, CCP (Sector Directors In London) And Group Complex Casework Units

Guidance Updated September 16 2008

Principle

Decisions on where cases are to be handled should be made quickly to avoid unnecessary delay.

Certain cases require special handling because of the type of case or the circumstances of the alleged offender.

There is a nationally agreed list of cases which are to be handled by Group Complex Casework Units and the London Complex Casework Centre. In addition, the work of the Headquarters Casework Divisions (Counter-Terrorism Division, Organised Crime Division and the Serious Crime Division) has also been defined.

Guidance

Referral Of Cases To Headquarters Casework Divisions [Counter-Terrorism, Organised Crime And Special Crime]

Counter-Terrorism Division (CTD)

CPS Areas must refer the following cases to CTD:

  • acts of terrorism or terrorist related offences;
  • incitement to racial or religious hatred

Prosecutors need to be aware that:

  • any act involving commission, preparation or instigation for a potential political, religious or ideological purpose; or
  • possession of articles that might be useful to a terrorist

could lead to the consideration of terrorist related offences.

Note: Racially and religiously aggravated offences are dealt with by Area with the proviso that religiously aggravated offences must be referred, through the CCP or London Sector Director, to the Principal Legal Advisor.

Organised Crime Division (OCD)

This Division deals exclusively with cases submitted by the Serious Organised Crime Agency and the Child Exploitation and Online Protection Centre (CEOP). SOCA and CEOP cases must not be dealt with by Area or the Group Complex Casework Unit (or the Central Complex Casework Unit in London).

In addition, CPS Areas must refer all potential applications for the following to the Central Confiscation Unit of OCD:

  • High Court Serious Crime Prevention Orders;
  • civil asset recovery;
  • pre POCA High Court restraint and receivership work;

Special Crime Division (SCD)

CPS Areas must refer the following cases to SCD:

  • Disasters;
  • Corporate manslaughter;
  • Medical manslaughter;
  • Deaths in Custody;
  • Cases involving high profile people;
  • Serious public corruption (except cases submitted by SOCA);
  • Election offences;
  • Civil proceedings against the CPS;
  • Appeals to the House of Lords;
  • Unduly lenient sentences;
  • Non European Arrest Warrant Import Extraditions to England and Wales (except SOCA, Terrorism, Official Secrets, War Crimes or Race/Religious Hatred cases);
  • Extraditions to other jurisdictions;
  • Pre-CPS (that is, pre-1986) cases referred by the Criminal Cases Review Commission;
  • Domestic extremism;
  • Cases against CPS staff except cases relating to minor uncontested motoring offences;
  • Allegations against police officers of seriously corrupt activity;
  • Allegations against police officers concerning deaths in police custody or following police contact.

Refer to Allegations of Criminal Offences Against Police Officers and Other Persons Serving with the Police elsewhere in this guidance

CPS Areas should consider referring the following cases to SCD:

  • Cases involving an allegation against a person serving with the police that involves issues of considerable complexity of sensitivity (e.g. involvement of CPS staff; officer with large local connections).

Refer to Allegations of Criminal Offences Against Police Officers and Other Persons Serving with the Police elsewhere in this guidance

Referral Of Cases To The Principal Legal Advisor

The following cases must be referred to the Principal Legal Advisor:

  • Religiously aggravated offences;
  • Cases involving the intentional or reckless sexual transmission of infection;
  • Area and Complex Casework cases involving immunity from prosecution and undertakings as to the use of evidence (s71 and s72 of the Serious Organised Crime and Police Act 2005.

From time to time, the Director requires the Principal Legal Advisor to be advised of certain types of cases for monitoring or other purposes. Those instructions should be followed and they are separate from the list of cases here that are required to be referred to the Principal Legal Advisor so that he may consider the case.

Cases To Be Referred To The CCP Or London Sector Director For Actions And Case Handling Decisions

The following cases must be referred to the CCP or London Sector Director:

  • Murder;
  • Conspiracy to commit murder;
  • Attempted murder;
  • Concealment of birth;
  • Infanticide;

Refer to Homicide elsewhere in this guidance

  • Riot;
  • Religiously aggravated offences (which must be referred to the Principal Legal Advisor)
  • Any case involving the prosecution of a person with diplomatic immunity;

Refer to Diplomatic Immunity and Diplomatic Premises elsewhere in this guidance

  • Any offence by a solicitor representing a client;
  • References by the Criminal Cases Review Commission to the Court of Appeal;

Refer to Appeals from the Criminal Cases Review Commission and Special Crime Division elsewhere in this guidance

  • Conspiracy, attempt, incitement or aiding and abetting any of the offences above;
  • A decision to intervene in a non CPS prosecution;

Refer to Private Prosecutions elsewhere in this guidance

  • Reinstitution of proceedings;

Refer to Reinstitution of Proceedings elsewhere in this guidance

  • Re-trials for serious offences (Part 10, Criminal Justice Act 2003 Double Jeopardy cases)

Refer to Retrial of Serious Offences elsewhere in this guidance

  • Any case in which the prosecutor wishes to apply for consent to prefer a Voluntary Bill of Indictment;

Refer to Voluntary Bills of Indictment elsewhere in this guidance

  • PACE applications for personal records; trade / business material from a bank when s.7 Bankers Books Evidence Act 1879 is not available; journalistic material;
  • Any case involving a fatal road traffic collision, including those where it is not proposed to proceed with an offence of causing death by dangerous or careless driving but where the driver was either: unfit to drive through drink or drugs; where the proportion of alcohol exceeded the prescribed limit; or where the driver failed without reasonable excuse to provide a specimen for analysis;

Refer to Road Traffic Offences Prosecuting Cases of Bad Driving elsewhere in this guidance

  • Appeals to the Court of Appeal.

Refer to Appeals to the Court of Appeal elsewhere in this guidance

  • Cases involving allegations of criminal libel;
  • Motor manslaughter;
  • Cases involving applications to the Home Office for Resident Informant Status;

Refer to Covert Human Intelligence Sources elsewhere in this guidance

  • Cases involving applications to the Attorney General for Nolle Prosequi.

Refer to Termination of Proceedings elsewhere in this guidance

Cases To Be Notified To The CCP Or London Sector Director

The following cases must be notified to the CCP or London Sector Director:

  • Cases involving any deaths which do not require referral to CCP or Sector Director for actions and case handling decisions;
  • Cases that may raise national media interest;
  • Road traffic offences by members of the police, ambulance or fire services whilst on duty;

Refer to Allegations of Criminal Offences Against Police Officers and Other Persons Serving with the Police elsewhere in this guidance

  • Where the judiciary directs that the papers are referred to the CPS for any reason;

Link to Judicial Comments elsewhere in this guidance

  • Gaming betting and lottery offences;
  • Cases involving allegations of sexual offences committed abroad;
  • Cases in which a hypnotised witness is to be called to give evidence which will nearly always be in cases of unusual complexity and sensitivity.

Referral Of Cases To The Group Complex Casework Unit

Complex casework to be dealt with in Group Complex Casework Units will be mainly from Level 1 and Level 2 crimes with broadly defined characteristics of complexity that distinguish them from non-complex crime. The cases will normally bear one or more of the following characteristics:

  • Substantial and complex fraud;
  • Large scale human trafficking;
  • Serious drug related offences involving substantial importation, manufacture or supply, particularly with an international dimension;
  • Major targeted local criminals in organised or international crime;
  • Serial sexual assault where there has been a protracted investigation;
  • Large scale child abuse, abduction or paedophile abuse cases involving multi generational abuse of several victims;
  • Major large scale public disorder offences of a political, racial or religious nature, or which cause particular local concern;
  • Complex / serious cases involving professional misconduct;
  • Hate related murders;
  • Mercy killings / aiding and abetting suicide;
  • High profile // multi victim / multi defendant murders;
  • Serious / complex animal rights extremism cases especially across several police force areas;
  • Complex restraint and confiscation of assets;
  • Rape offences involving unusual violence or repeated attacks;
  • Cases involving complicated PII issues;
  • Complicated betting / lotteries cases;
  • Sensitive, serious or complex cases of major media interest, for example, e.g. allegations involving individuals or organisations with a high public profile;
  • Cases requiring consideration of gross negligence manslaughter and any case involving a fatality in which the investigation is being conducted in accordance with the Deaths at Work protocol (but note that cases of corporate manslaughter are currently dealt with in the Special Crime Division in HQ);
  • Corporate manslaughter involving unincorporated partnerships (all other corporate manslaughter cases are currently dealt with in the Special Crime Division in HQ);
  • Medical manslaughter (but only once the CCU has a ticketed lawyer approved by the Special Crime Division following devolution);
  • Cases where consideration is being given to issues of immunity and restricted use agreements under SOCA 05 ( but not in relation to approving a letter of agreement with a co-operating defendant);
  • All applications for a witness anonymity order;
  • All cases involving the negotiation of jurisdiction with the USA;
  • All cases in which the CPS Regional Asset Team Recovery lawyer has been involved in advising upon prosecution (applicable Areas only; currently London, West Midlands, NE England, NW England and Wales (not North);
  • Cases investigated by a Counter Terrorism Unit which fall short of being terrorist offences and thus are not prosecuted by the Counter Terrorism Division (applicable Areas only; currently London, West Midlands, Greater Manchester and West Yorkshire).

There is a presumption that all cases in the Crown Court which are likely to last for 40 days or more and thus fall within the VHCC scheme will be dealt with by the CCU regardless of whether they have any of the above characteristics. This presumption can be overridden with the agreement of the Group Strategy Board if a VHCC case is considered to be suitable for handling by an Area operational unit.

In addition, cases may be referred to the CCU by agreement or at the direction of the Group Chair Chief Crown Prosecutor and are likely to feature one or more of the following:

  • Unusual legal or evidential issues (including RIPA);
  • Extensive confiscation issues;
  • Significant or multiple foreign enquires or liaison with foreign law enforcement agencies;
  • Protected witness;
  • Resident source;
  • Extensive undercover police operations / multiple use of sources.

Arrangements for CPS London

Separate arrangements apply to the London Complex Casework Centre. Prosecutors should refer any queries to the CCP London or the Head of the London CCC.

Procedure

There is no special form for either referral or notification. For referral, sufficient information should be supplied to enable the CCP (Sector Director in London) to make an informed decision as to who should handle the case.

For notification, a narrative report should be supplied for information, dealing particularly with the point giving rise to the need for notification.

The referral or notification should be through the normal line management channels.