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ARTICLE · 18 MAY 2011

All Change On Charging?

One year ago the Home Secretary announced the introduction of a pilot scheme to pave the way for the gradual restoration of charging powers to the police.

United KingdomCriminal Law
Gemma Tombs
Gemma Tombs

One year ago the Home Secretary announced the introduction of a pilot scheme to pave the way for the gradual restoration of charging powers to the police. In her speech on police bureaucracy on 12 May 2011, Theresa May confirmed that the reforms had received such a positive response that the pilot would be extended by doubling the number of charges that the police can now preside over.

Whilst the CPS will retain the power to charge in the most serious and complex of cases, it is estimated that the new proposals will return to the police the power to charge defendants in 80% of criminal cases in England and Wales. This will reverse to a great extent the regime which saw the police initially lose conduct of criminal prosecutions by virtue of the creation of the CPS (pursuant to the Prosecution of Offences Act 1985) and latterly, in the course of the last six years, the power to decide on charge in many offences.

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