CPS protocol for section 35 prosecution takeover
Manchester Arena Inquiry · Manchester Arena Inquiry: Volume 2: Emergency Response · Issued 3 November 2022
Source — verbatim from the inquiry
●Inquiry recommendation
It is recommended that the Crown Prosecution Service establish a written protocol in relation to its approach to any application from an inquiry Chairman for a section 35 prosecution to be taken over under section 6(2) of the Prosecution of Offences Act 1985.
Manchester Arena Inquiry, Manchester Arena Inquiry: Volume 2: Emergency Response · 3 Nov 2022 Source PDF →
Published evidence summary
Publicly available evidence relating to this recommendation:
- Published CPS guidance on Inquiries and Reviews now confirms that a Chairman of an Inquiry can ask the CPS to take over section 35(1) proceedings via powers under section 6(2) of the Prosecution of Offences Act 1985 (Manchester Arena Inquiry Recommendations Dashboard, Cabinet Office, February 2026).
- This represents a published change to CPS guidance, independently verifiable through the CPS website (Manchester Arena Inquiry Recommendations Dashboard, Cabinet Office, February 2026).
Response — verbatim from government
●UK Government
The Home Secretary made a written statement to Parliament on 3 November 2022 following publication of Volume 2, acknowledging the findings on emergency response failures and stating the government would work with emergency services to implement improvements. The response committed to reviewing interoperability arrangements between emergency services and strengthening joint training and exercising protocols for major incidents.
UK Government · 3 Nov 2022 Written response →
Evidence trail — what's actually happened since
- 27 Feb 2026 Under section 35(1) of the Inquiries Act 2005 it is an offence for an individual to fail without reasonable excuse to do anything that he is required to by notice under section 21 of the Inquiries Act 2005. Such prosecutions are instituted and conducted by the Chairman of an Inquiry. Published CPS 'Inquiries and Reviews' guidance now confirms that in the rare circumstances where it is not possible for the Chairman of an Inquiry to remain as prosecutor after a section 35(1) prosecution has begun, the Chairman can ask the CPS to take over proceedings via the powers conferred under section 6(2) of the Prosecution of Offences Act (POA) 1985. Source →
- 14 Nov 2025 Under section 35(1) of the Inquiries Act 2005 it is an offence for an individual to fail without reasonable excuse to do anything that he is required to by notice under section 21 of the Inquiries Act 2005. Such prosecutions are instituted and conducted by the Chairman of an Inquiry. Published CPS 'Inquiries and Reviews' guidance now confirms that in the rare circumstances where it is not possible for the Chairman of an Inquiry to remain as prosecutor after a section 35(1) prosecution has begun, the Chairman can ask the CPS to take over proceedings via the powers conferred under section 6(2) of the Prosecution of Offences Act (POA) 1985. Source →
- 14 Nov 2025 · Cabinet Office Government published formal Manchester Arena Inquiry recommendations dashboard on GOV.UK (14 November 2025) tracking all 149 recommendations with implementation progress updates. View source → Reasonable Progress
- 3 Apr 2025 · UK Parliament Terrorism (Protection of Premises) Act 2025 received Royal Assent 3 April 2025. Creates two tiers: Standard Duty (200-799 capacity) and Enhanced Duty (800+). SIA will be regulator. Not yet in force -- at least 24 months before enforcement (expected April 2027). View source → Reasonable Progress
- 5 Jun 2023 · National Police Chiefs Council NPCC, Counter Terrorism Policing and College of Policing provided comprehensive updates to Sir John Saunders demonstrating "continued drive to improve collective response to terrorist incidents." View source → Reasonable Progress
Each entry above links to a primary source — gov.uk written statement, consultation response document, or inspection report. The Index does not characterise government intent; it tracks what has been published.
How this page is built
Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.
This recommendation's data is verified periodically against primary sources. The Index is monitored for staleness weekly.