Themes | Justice & Legal Process | The Accountability Index

Poor police early prosecutor advice

Ineffective processes for police to obtain early advice from prosecutors on charging decisions, leading to delays or suboptimal outcomes.

Source spread

Where this theme appears

This theme appears across 6 independent accountability sources, so the source mix matters as much as the headline total.

6 PFD reports 6 committee recs 13 DHR recs 8 LGO/SPSO decisions 1 CJINI report

Browse by source

Source-grouped records are useful for tracing where a concern came from. Large sections show the 50 strongest matches for that source; counts still show the full theme total.

6 sources
Prevention of Future Deaths reports(6)
Gregory Rewkowski
28 Dec 2018 · Manchester (North)
Concerns: Concerns included Pennine Care Trust's process for raising welfare concerns and escalating issues, North West Ambulance Service's limited investigation and inadequate telephone triage, and inter-agency confusion over police roles in Section 136 incidents.
Response (Pennine Care NHS Trust): • Staffing levels on wards have increased, and a memo has been issued to staff regarding seeking support from On-Call managers. • The Trust is seeking to update policies and … (AI summary)
Response (Greater Manchester Police): • Greater Manchester Police (GMP) has implemented a Control Room Triage (CRT) service, operational 24/7 since September 2018, which integrates mental health professionals with police staff to support responses to … (AI summary)
Response (GMCA): • A pan-Greater Manchester (GM) protocol for response has been developed to establish common understanding, shared risk assessment, and communication and escalation procedures. • Eight issues were identified, and task … (AI summary)
Responded
Nigel Abbott
31 Jul 2019 · Birmingham and Solihull
Concerns: The coroner identified a misunderstanding between agencies concerning the urgent use of Section 135 Mental Health Act warrants, regarding notice periods and bed availability. The report notes insufficient inter-agency cooperation and learning from incidents.
Response (NHS Birmingham and Solihull ICB): • A new Memorandum of Understanding has been developed and agreed by all relevant agencies to clarify roles and responsibilities for Mental Health Act assessments and police assistance. • A … (AI summary)
Responded
Hedley Robinson
14 Dec 2021 · Milton Keynes
Concerns: The coroner noted that a S.136 Mental Health Act assessment was conducted without full information from CNWL or discussion with relevant police officers, recommending an urgent review of S.136 procedures in Milton Keynes.
Overdue
Leighton Dickens
29 Sep 2023 · South Wales Central
Concerns: The coroner raised concerns about police officers having limited access to readily available, clinically qualified mental health advice and patient records after the withdrawal of triage support, with no clear timeline for the intended replacement service.
Overdue
Sylvia Crowther
28 Feb 2024 · Bedfordshire and Luton
Concerns: Important steps in the husband's arrest and conditional pre-charge bail were not followed, including the failure to seek the alleged victim's views on bail conditions. Earlier police discussion might have identified the deceased's dependence and the need for alternative support.
Response (Bedfordshire Police): • Reflective feedback was provided to the individual officer and the wider Emerald Team regarding the requirement for victim consultation on bail. • The force has an embedded process to … (AI summary)
Responded
Claire Driver
24 Mar 2025 · South Yorkshire West
Concerns: The coroner noted insufficient assertive engagement by the enhanced community mental health team and a lack of liaison between police and the mental health team regarding Claire's deteriorating mental health. Additionally, training on substance misuse for mental health staff is not mandatory.
Response (South West Yorkshire Partnership NHS Foundation Trust): • The Trust established a working group to review provisions for Enhanced teams, with this work ongoing. • A caseload management tool is being piloted to ensure service users in … (AI summary)
Responded
Select committee recommendations(6)
#7 —
Human Rights (Joint Committee)
Recommendation: There is a lack of cooperation between UK investigative and prosecuting bodies, such as the War Crimes Unit of the Metropolitan Police, and the Crown Prosecution Service. (Conclusion, Paragraph 60)
Response attribution not verified
#2 — Inadequate contempt of court laws and CPS guidance fail social media era communication needs.
Home Affairs Committee
Recommendation: Merseyside Police were put in a very difficult position given legal restrictions on communicating the identity of the Southport suspect and the need to withhold certain information in order to protect the trial. The inconsistent advice from the CPS over …
Response attribution not verified
#8 —
Human Rights (Joint Committee)
Recommendation: The Government should prioritise the establishment of a clear framework to allow for greater cooperation between UK’s relevant national bodies and between the UK and other mechanisms involved in the gathering and preserving of evidence. It should also identify the …
Response attribution not verified
#85 — Review police process for obtaining early advice from prosecutors on charging decisions.
Home Affairs Committee
Recommendation: We recommend the CPS and NPCC review the process for police obtaining early advice from prosecutors before full case files are prepared or submitted and charging decisions made. Where possible, we recommend this work draw on local examples of existing …
Response attribution not verified
#83 — Review the implementation and impact of CPS DG6 guidance with stakeholders.
Home Affairs Committee
Recommendation: Now that DG6 has been in place for almost three years, we recommend the CPS review its implementation and impact, consulting stakeholders before proposing changes that will better reflect an appropriate balance between the need for effective early investigation and …
Response attribution not verified
#82 — Victims suffer from police and CPS disagreements over investigation burden.
Home Affairs Committee
Recommendation: As the police and CPS bicker over where the burden of investigation and paperwork should lie, victims and survivors lose out. We understand the rationale for DG6 and we note that the CPS consulted forces and the NPCC when designing …
Response attribution not verified
Independent reviews(8)
Fisher Review (Part 1) — Rec 21
The Crown Prosecution Service should review, set out and communicate arrangements to assist investigators who seek urgent advice regarding disclosure matters in instances where they have been unable to contact the designated prosecutor.
Justice & Legal
Fisher Review (Part 1) — Rec 20
The Consolidated Guidance should set out an expectation that investigators and prosecutors, on complex cases or cases with large volumes of digital material, should meet at least quarterly to discuss disclosure approach.
Justice & Legal
Fisher Review (Part 1) — Rec 19
The Consolidated Guidance should include an expectation for an investigator to speak with a prosecutor at the pre-charge stage, and to agree on a disclosure strategy and reasonable lines of inquiry, in every case (excluding motoring offences).
Justice & Legal
Calvert-Smith SFO Review — Rec 3
Because there will always be tensions between the desire of investigators to bring persons to justice whom they believe to have committed offences, and the need of prosecutors to conduct themselves in such a way as to ensure that those whom they charge have trials which are, and can be …
Justice & Legal
Williams GNM Review — Rec 1.2
All relevant organisations, including, if appropriate, the Director of Public Prosecutions, should produce or update guidance on gross negligence manslaughter in light of the explanatory statement set out by the working group in 1.1. This will promote a consistent understanding of where the threshold for prosecution for gross negligence manslaughter …
Health & Social Care
Bellamy Review — Rec 10
To encourage as much communication as possible between the police/CPS and defence prior to the first hearing in the Magistrates' Court, criminal legal aid funding should be available to remunerate discussion between the defence and the prosecution prior to that first hearing, including remunerating the preparation necessary for such discussion, …
Justice & Legal
Calvert-Smith SFO Review — Rec 8
The SFO should work with the AGO to consider the requirements set out in the AG disclosure guidelines (reporting within six months of this Report) and, in particular, whether there should be a change in the current approach to the management of disclosure following the receipt of a section 8 …
Justice & Legal
Leveson Criminal Courts Review — Rec 12
I recommend that the police and CPS must consistently follow established guidance to guarantee accurate and fair charging decisions. To do so, I would encourage the police and CPS to establish better communication channels to facilitate collaborative decision-making and improvement of their decision-making process.
Justice & Legal
LGO / SPSO decisions(8)
24-009-827 — Wokingham Borough Council
Summary: We will not investigate Miss X’s complaint about the Council failing to appropriately deal with her reports of anti-social behaviour from her neighbour, who is a council tenant. This is because the complaint is out of the Ombudsman’s jurisdiction as it concerns the Council’s actions as a social housing …
LGO (Local Government & … Environment And Regulation Nov 2024
24-002-263 — London Borough of Harrow
Summary: Mr X complained the Council failed to take action against his neighbour for noisy building works during 2022. I ended this investigation because Mr X’s complaint is late, and we are unlikely able to add to the Council’s investigation or achieve anything further for Mr X than its offer …
LGO (Local Government & … Environment And Regulation Nov 2024
24-018-886 — Westmorland and Furness Council
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his reports of noise nuisance and anti-social behaviour from his neighbours. This is because his complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is insufficient …
LGO (Local Government & … Environment And Regulation May 2025
24-003-794 — Bolton Metropolitan Borough Council
Summary: Mr X complained the Council failed to ensure his neighbour maintained the trees and bushes in their front garden. We find no fault in the Council’s handling of the high hedges matter itself. However, there was a significant delay in responding to Mr X’s complaint. The Council has apologised …
LGO (Local Government & … Environment And Regulation Upheld May 2025
25-000-641 — Lincoln City Council
Summary: We will not investigate this complaint about the Council issuing a community protection warning letter for removal of graffiti on private property. There is insufficient evidence of fault which would warrant an investigation.
LGO (Local Government & … Environment And Regulation Jul 2025
25-000-853 — Canterbury City Council
Summary: We will not investigate this complaint about the Council’s investigation of nuisance and its issue of an abatement notice to Mr X. We will not investigate this complaint because it was reasonable for Mr X to appeal against the notice. If the Council takes court action against him for …
LGO (Local Government & … Environment And Regulation Jul 2025
25-005-481 — Leeds City Council
Summary: We cannot investigate Mr X’s complaint the Council failed to take action against his neighbours, who are Council tenants, after his fence was damaged. This is because we have no power to consider the Council’s action in connection with its management of its social housing.
LGO (Local Government & … Environment And Regulation Oct 2025
25-001-406 — London Borough of Ealing
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s concerns about antisocial behaviour and safeguarding. There is insufficient evidence of fault which would warrant an investigation.
LGO (Local Government & … Environment And Regulation Oct 2025
Domestic Homicide Reviews(13)
Nuneaton and Bedworth — recommendation 15
Warwickshire police ensure that they take positive action to: a. Arrest perpetrators of all alleged crimes relating to domestic violence when the opportunity arises b. Collect all available evidence including at initial call-out to increase chance of prosecution (always assume the victim will not support the prosecution.)
Warwickshire Police Warwickshire Police
Nuneaton and Bedworth — recommendation 6
The Chair of the Safer Warwickshire Partnership Board raises with the CPS the following national concern: that the CPS explores whether there are opportunities to speed up the process for progressing charges to reduce the risks of withdrawal or retraction
Safer Warwickshire Partnership Board
Harlow — recommendation 15.9.2
“Violence against women” panels must be set up to review domestic abuse cases which have proceeded into the criminal justice system but have failed to secure a conviction. These panels should make referrals into an Area Casework Committee when they feel a review is required. This committee can then issue …
CPS Crown Prosecution Service
Harlow — recommendation 15.9.1
The CPS should put a “victims right to review” policy in situ. This would operate when a decision has been taken not to authorise a criminal prosecution in a domestic abuse case.
CPS Crown Prosecution Service
Cornwall — recommendation 4.68
Devon and Cornwall Police to carry out an audit to establish if prosecution advice files, containing allegations of indictable only offences, are being referred to the Crown Prosecution Service for a charging decision.
Devon and Cornwall Police Devon and Cornwall Police
Peterborough — recommendation 5
The view of this panel should be brought to the attention of the CPS, in particular in relation to the second incident.
Crown Prosecution Service Crown Prosecution Service
Leicester — recommendation 2
The Approved Mental Health Practitioner (AMHP) report was amended to prompt consideration of onward referrals. If a referral is not made, then the reason for this should be recorded in the case notes.
Leicestershire Adult Social Care Leicestershire County Council
Leicester — recommendation LP_R4
It is recommended that Leicestershire Police engages at a strategic level with the CPS and HM Courts and Tribunals Service to develop and implement a clearer, stronger and more victim-focused policy on how and when ‘victimless’ prosecutions (cases where the victim is unwilling to support a prosecution)should be progressed; this …
Leicestershire Police | Crown Prosecution Service … Leicestershire Police
Barnet — recommendation 30
That Sentencers are briefed to ask for a report if it is not provided, even if the Probation Court Officers are unable to propose an appropriate sentence. (IMR Recommendation)
National Probation Service National Probation Service
Kent — recommendation 15
The Department for Constitutional Affairs (DCA) should consider whether domestic abuse should be excluded from the general principle of cases being disposed of at first hearing following a guilty plea, when this means that offenders are less likely to appear before SDVCs.
DCA
Gloucestershire — recommendation 7.3.21
Gloucestershire Constabulary, in conjunction with the Crown Prosecution Service, should continue to recognise and progress evidence led prosecutions.
Gloucestershire Constabulary | Crown Prosecution Service Gloucestershire Constabulary
Leicester — recommendation Northamptonshire Pol
Northamptonshire Police to encourage supervising officers to appeal CPS charging decisions where further evidence could be gathered to strengthen a case against an individual who has breached bail.
Northamptonshire Police Northamptonshire Police
Leicester — recommendation Northamptonshire Pol
Northamptonshire Police to remind investigating officers and supervising officers of the need to ensure a holistic approach to evidence gathering and preparation when submitting files to the CPS for advice on charging for Breach of Bail.
Northamptonshire Police Northamptonshire Police
CJINI inspection reports(1)
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