My case is going to the CPS. What happens next?
If you’ve been told that your case is being sent to the Crown Prosecution Service (CPS), it’s natural to feel anxious and uncertain about what happens next.
Whether you were interviewed voluntarily or under arrest, the referral of your case to the CPS means the police believe there is enough material to consider a criminal charge. However, this does not automatically mean you will be prosecuted.
At Kelly Blake Legal, we recognise how pivotal this stage of the investigation can be. Understanding the role of the Crown Prosecution Service (CPS) and preparing effectively can make a significant difference to the outcome.
Who is the CPS and what do they do?
The Crown Prosecution Service is responsible for deciding whether a person should be charged with a criminal offence, and if so, what the charge should be. The CPS is completely separate from the police and acts independently.
When your case is referred to them, a CPS lawyer will review the evidence gathered by the police and decide whether to prosecute you based on two key tests:
1. The Evidential Test
Is there sufficient evidence to provide a “realistic prospect of conviction” based on what a court is likely to hear?
2. The Public Interest
Test Is it in the public interest to prosecute? For example, the CPS may consider your age, the seriousness of the offence, your mental health, or whether an out-of-court disposal would be more appropriate.
If the case fails either test, the CPS will advise the police to take no further action.
How long does a CPS decision take?
There is no fixed timescale for a CPS charging decision. It can take weeks or even months, depending on the complexity of the case, the backlog at the CPS, and whether further evidence is requested.
In the meantime, you may be:
• Released Under Investigation (RUI) – You are not on bail, but still under investigation.
• On Police Bail – You may have conditions attached and a date to return to the station.
It is common for suspects to feel in limbo during this time. This is why it is important to maintain contact with your solicitor and continue gathering any helpful material that could support your defence.
Can my solicitor still help at this stage?
Absolutely – in fact, this is one of the most important times to have legal representation. Just because the file has been sent to the CPS doesn’t mean your solicitor’s work is over.
A solicitor can:
· Submit written representations asking the CPS not to authorise a charge.
· Provide mitigating material, such as medical reports, counselling records, or character references.
· Engage in Pre-Charge Engagement with the police to challenge or clarify parts of the investigation.
· Negotiate for an out-of-court disposal, like a Police Caution or Community Resolution, where appropriate.
This is particularly important if you made admissions or partial admissions in your interview, or if the offence is minor, and a proportionate resolution could be reached.
What if i’m charged?
If the CPS authorises a charge, you will be:
· Informed of the charge (either by the police or via a summons to attend court).
· Given a court date for your first appearance at the Magistrates’ Court.
This does not mean a conviction is inevitable. Early preparation of your defence, including obtaining witness statements, digital evidence, or expert reports, is essential. In some cases, it may be possible to negotiate with the CPS before the first hearing to amend or withdraw charges.
Below are three real-life examples where suspects instructed Kelly Blake Legal, demonstrating how strategic legal advice and well-prepared written representations can significantly influence the direction of a case—particularly where context is crucial, and the evidential basis requires careful explanation.
These cases highlight how timely legal intervention, even after an initial police interview without representation, can help turn a case around. They serve as a clear reminder of the value of expert guidance and the importance of engaging a solicitor early to navigate the investigative process with care and precision.
Case Example 1: Turning the Tide with a Second Opinion
A director of an IT company found himself in a challenging position after a night out. While at a pub, he engaged in a friendly exchange with a waitress and, after several drinks, asked for a hug. By his account, the waitress agreed. As he leaned in, he kissed her on the cheek; however, she later alleged that he had also kissed her neck. A witness intervened and called the police, leading to his arrest for sexual assault. He was taken to Charing Cross Police Station.
At the station, he accepted advice from a duty solicitor who suggested there was no real prospect of success and advised him to exercise his right to silence. After being released on bail, the suspect —concerned about the impact on his employment and visa status—sought a second opinion and contacted us.
Upon reviewing the case, we took a fresh account from him. He strongly denied kissing the waitress on the neck but acknowledged the kiss on the cheek and stated he believed the interaction to be consensual. We advised and arranged a second interview to provide a full account. The police later indicated that the matter could be resolved with a police caution, but due to the implications for his visa and professional standing, he declined.
The case was referred to the CPS and we then submitted detailed written representations to the Crown Prosecution Service (CPS), highlighting the full context of the incident. After reviewing our submission, the CPS decided to take no further action.
Case Example 2: A moment of anger, a measured defence
A high-level civil servant became involved in a long-standing neighbour dispute, which had spanned over two decades and revolved primarily around parking issues. On the day in question, the neighbour deliberately blocked his driveway. When asked to move, the neighbour refused and walked off to the shop to buy a newspaper, leaving the civil servant feeling provoked and frustrated.
In a moment of poor judgment, the civil servant entered his home, picked up a baseball bat, and approached the neighbour’s house. Thankfully, he quickly realised the gravity of his actions and retreated before any further incident occurred. However, the police had already been called, and he was arrested on suspicion of possession of an offensive weapon and affray.
He attended his police interview without legal representation and after the interview, he was deeply concerned about the potential consequences of his actions on both his personal and professional life, he sought our advice.
Once instructed, we gathered extensive evidence showing a documented history of harassment from the neighbour, including previous police reports and crime reference numbers. We submitted detailed written representations to the police, setting out the background and context of the incident.
While the police initially offered a caution for possession of an offensive weapon, the client did not feel this reflected the years of provocation and was concerned about the impact on his career. The matter was referred to the Crown Prosecution Service (CPS). We then submitted further representations, carefully presenting the mitigating circumstances, and supporting evidence.
The CPS ultimately agreed to take no further action—a result that brought immense relief and closure to the client.
Case Example 3: Challenging the digital evidence – avoiding escalation with strategic legal representation
An IT Support Engineer was arrested on suspicion of engaging in sexual communication with a child. Following the digital forensic analysis of his devices, the police invited him for a further interview after discovering a number of indecent images of children, ranging from Category A to C.
When both offences are present in a case, it often indicates a pattern of sexual interest in children—something the courts take extremely seriously. Understandably, the client was deeply concerned, especially as a combined prosecution for both offences could have resulted in a custodial sentence.
During the interview, the client maintained that he was unaware of the existence of the indecent images on his device. After the interview concluded, the police referred the case to the Crown Prosecution Service (CPS) for a charging decision.
We were instructed following the client’s initial police interview and subsequently represented him at his second interview. Afterward, we prepared comprehensive written representations to the CPS, specifically challenging the file path data and metadata associated with the images. Our argument centred on the lack of evidence to support knowing possession.
As a result of our intervention, the CPS proceeded with a charge for sexual communication only. The client received a community order at sentencing, as opposed to a likely suspended sentence or imprisonment had the indecent images also been charged—given the higher starting points under sentencing guidelines for those offences.
This case highlights the importance of scrutinising digital evidence and shows that even small legal victories can significantly impact the final outcome. In cases involving sensitive allegations, expert legal representation and early strategic engagement can make all the difference.
This case highlights the importance of seeking legal advice after a police interview, especially where early legal representation wasn’t in place. Even after a mistake, careful legal strategy and proactive engagement can help achieve the best possible outcome.
Don’t Panic
If your case has been sent to the CPS, don’t panic—but do act. This is a critical stage, and what happens next could have long-term consequences for your future, your career, and your personal life.
Your solicitor’s role is to protect your rights, guide you through each step, and pursue the best possible outcome—whether that means no further action, an out-of-court disposal, or preparing a strong defence for court.
