The criminal law in respect of public order offences is intended to penalise the use of violence and/or intimidation by individuals or groups. This document provides guidance about the charge which should be preferred if the criteria set out in the Code for Crown Prosecutors are met.

Part 9 of the Criminal Justice Act 2003 (the 2003 Act) contains provisions for a prosecution appeal against adverse rulings by Crown Court judges in respect of trials on indictment. Section numbers in this guidance refer to the 2003 Act unless otherwise stated.

This guidance deals with older people as victims and witnesses, not as offenders. It should be read in conjunction with the CPS Policy Guidance on the prosecution of crimes against older people.

The CPS has a statutory duty under section 3(2) (a) Prosecution of Offences Act 1985 (the Act) to take over proceedings instituted by or on behalf of the police. However, the CPS also has discretion to take over proceedings in any other case under section 6(2) of the Act.

Criminal confiscation and money laundering offences are inter-linked. In investigating what has happened to the proceeds of crime, money laundering offences are likely to be disclosed.

Confiscation is an essential tool in the prosecutor’s toolkit to deprive offenders of the proceeds of their criminal conduct; to deter the commission of further offences; and to reduce the profits available to fund further criminal enterprises.