CPS protocol for section 35 prosecution takeover
Manchester Arena Inquiry · Manchester Arena Inquiry: Volume 3: Radicalisation and Preventability · Issued 2 March 2023
Government responseUK Government: Accepted (Nov 2025)
DeliveryCabinet Office says completed (Feb 2026)
Recommendation, verbatim from the inquiry
●Inquiry recommendation
I recommend 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 3: Radicalisation and Preventability · 2 Mar 2023 Source PDF →
Published evidence summary
AI-generated evidence summary
The Cabinet Office reported in February 2026 that the recommendation was completed, stating that published Crown Prosecution Service guidance confirms an inquiry chairman can ask the service to take over proceedings under section 6(2) of the Prosecution of Offences Act 1985 (Cabinet Office, Feb 2026). The UK Government had accepted the measure in full in November 2025, when the department first recorded this position (Cabinet Office response, Nov 2025; Cabinet Office, Nov 2025).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026.
Government response
●UK Government · Accepted · 14 Nov 2025
Accepted in full
Response document: Manchester Arena Inquiry recommendations (GOV.UK page linking to the Manchester Arena Inquiry Recommendations Dashboard)
Delivery
●Cabinet Office says completed · 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.
Earlier statements on delivery (0)
●Cabinet Office · 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.
From: Manchester Arena Inquiry Recommendations Dashboard, original version (data file)
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