Charges, Cautions and Prosecution Decisions (England & Wales): 12 questions answered
Police decide on charge in less serious cases, and the Crown Prosecution Service decides in most others using the Full Code Test. Instead of charging, police may take no further action or offer an out-of-court resolution such as a caution, which requires you to admit the offence.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
Who decides whether I will be charged with a crime?
It depends on the offence. Under the Director's Guidance on Charging, police can decide to charge many less serious offences themselves, mainly summary-only offences and some either way offences where a guilty plea is expected. For most other cases, including all indictable-only offences, the Crown Prosecution Service (CPS) makes the charging decision after police send it a file of evidence. Some offences are prosecuted by other bodies, such as local councils or the Serious Fraud Office. Whoever decides applies the Code for Crown Prosecutors.
What is the Full Code Test?
The Full Code Test, in the Code for Crown Prosecutors, has two stages. First, the evidential stage asks whether there is enough evidence for a realistic prospect of conviction, meaning a court is more likely than not to convict. Second, the public interest stage asks whether a prosecution is needed in the public interest, considering things like seriousness, harm to the victim, the suspect's age and circumstances, and proportionality. Both must be met. A lower Threshold Test can be used temporarily where a suspect is kept in custody.
What does NFA (no further action) mean?
No further action (NFA) means the police or CPS have decided not to charge you or take any other formal action, for now. It is not a finding of innocence, and a case can occasionally be reopened if significant new evidence emerges, though this is uncommon. Police will usually keep a record of the arrest and investigation, and in rare cases local police information can be disclosed on an enhanced DBS check. Your DNA and fingerprints should normally be deleted, subject to limited exceptions.
What is the difference between a charge, a postal requisition and a summons?
A charge is usually given at the police station, often with bail to attend court or a remand in custody. A postal requisition is a written charge sent to you by post by a public prosecutor, such as the police or CPS, requiring you to attend a magistrates' court on a set date. A summons is an order from a magistrates' court, often used in private prosecutions or by other agencies. All start a criminal case, and ignoring them can lead to an arrest warrant or the case going ahead without you.
What are out-of-court resolutions?
Out-of-court resolutions deal with an offence without going to court. For adults the current options include community resolutions, simple cautions, conditional cautions and, in some areas, penalty notices. All require an admission and enough evidence to prosecute. The Police, Crime, Sentencing and Courts Act 2022 would replace these with two statutory cautions, a diversionary caution and a community caution, but at the time of writing those provisions are not in force. Some forces already use a similar two-tier approach under existing law.
What is a community resolution?
A community resolution is an informal way for police to deal with minor offences, usually first offences, without a caution or charge. You must accept responsibility, and the victim's views are taken into account. It may involve an apology, repairing damage, paying compensation or attending a course. It is not a conviction or a caution, so it does not appear on basic, standard or enhanced DBS checks as a criminal record, but police keep a record locally and it could be disclosed as police information on an enhanced check in rare cases.
What is the difference between a simple caution and a conditional caution?
A simple caution is a formal warning for an adult who admits an offence. It has no conditions but is recorded on the Police National Computer. A conditional caution, under the Criminal Justice Act 2003, comes with conditions you must follow, such as paying compensation, attending a course or treatment, or making reparation to the victim. If you fail to comply with the conditions without reasonable excuse, you can be prosecuted for the original offence. Both require that you admit the offence and agree to accept the caution.
Should I accept a police caution?
That is your decision, but get legal advice first, which is free at the police station. A caution is only allowed if you admit the offence, so accepting one means admitting guilt, and it becomes part of your criminal record. It can be disclosed on standard and enhanced DBS checks, and may affect jobs, travel visas or immigration. You can refuse a caution, but police or the CPS may then decide to charge you. If you do not accept you committed the offence, a caution should not be given.
Will a caution show up on a DBS check?
It depends on the type of check. A simple caution is spent immediately, so it does not appear on a basic DBS check. A conditional caution is spent three months after it is given. On standard and enhanced checks, adult cautions are disclosed if given less than six years ago, and are always disclosed for certain specified serious offences. Youth cautions are not automatically disclosed. Enhanced checks can also include relevant police information. Unlock and the DBS filtering guidance explain the rules in detail.
Can a victim challenge a decision not to prosecute?
Yes. Under the Victims' Right to Review scheme, a victim can ask the CPS to review a decision not to charge, to stop a case, to offer no evidence or to leave all charges on file. The request should usually be made within 10 working days of the decision letter. Later requests can still be made, but those made more than three months after the decision are unlikely to be accepted unless there are exceptional circumstances. Police run a similar scheme for their own decisions not to charge. A review can lead to the decision being overturned and a prosecution starting.
Is there a time limit for the police to charge me?
For summary-only offences, which can only be tried in a magistrates' court, a prosecution must usually be started within six months of the offence under section 127 of the Magistrates' Courts Act 1980. There are exceptions, including common assault in domestic abuse cases, which can be prosecuted within six months of the victim's statement to police, up to two years after the offence. For either way and indictable-only offences there is generally no time limit, so a prosecution can begin years later.
Can I bring a private prosecution?
Yes. Under section 6 of the Prosecution of Offences Act 1985, any individual or organisation can bring a private prosecution, usually by applying to a magistrates' court for a summons. The same rules of evidence and disclosure apply, and costs can be high, although some may be recovered from public funds in certain cases. The Director of Public Prosecutions can take over a private prosecution and continue or stop it. A solicitor experienced in private prosecutions can advise whether it is realistic.
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