Nine Critical Factors in Prosecution Decision-Making
| Published date | 01 December 2024 |
| DOI | http://doi.org/10.1177/00220183241274927 |
| Author | Ben Widdicombe |
| Date | 01 December 2024 |
Nine Critical Factors in Prosecution
Decision-Making
Ben Widdicombe
Institute of Criminology, Cambridge University, England
Abstract
Prosecutors are critical players in the criminal justice process. The decisions they make have
huge implications for defendants, victims and the wider public. Yet, the factors that influence
their decisions are little understood. This ar ticle presents new empirical findings drawn from
interviews with Crown Prosecutors. It reveals nine important factors that influence Crown
Prosecutor decision-making. Together, these nine factors paint a much wider and richer pic-
ture of how and why Crown Prosecutors make decisions than has hitherto been presented
in research or that is described in the Code for Crown Prosecutors. The article concludes
by considering the implications for prosecution policy and practice from this new, richer
and wider perspective.
Keywords
Prosecutions, Crown Prosecution Service, Crown Prosecutor, decision-making
Introduction
Crown Prosecutors play a critical role in the criminal justice system. In 2022–2023, the Crown
Prosecution Service (CPS) considered over 430,000
1
criminal cases, ranging from the most serious
and life-changing offences, such as homicide, child abuse and terrorism, through to those cases that
are more common, such as shoplifting, low-level disorder or minor criminal damage. In each case,
CPS prosecutors considered the sufficiency of the available evidence and whether a prosecution
would be in the public interest. Out of the 430,000
2
orsocasesputforwardtotheCPSbythe
police for charging in 2023, just over 330,000
3
resulted in prosecution and conviction.
Corresponding author:
Ben Widdicombe, Institute of Criminology, Cambridge University, Cambridge, England.
E-mail: bjwidds@gmail.com
1. https://www.cps.gov.uk/publication/cps-data-summary-quarter-4-2022-2023
2. https://www.cps.gov.uk/publication/cps-data-summary-quarter-4-2022-2023
3. In 2019–2020, the CPS completed the prosecution of 451,046 cases (this figureincludes thoseprosecuted and acquitted after trial
and discontinued after charge). In addition, it considered –but discontinued before charge –another 49,827 cases (of which 1,697
were dealt with by way of an Out of Court Disposal). The total is, therefore, 500,873. See https://www.cps.gov.uk/publication/
cps-data-summary-quarter-4-2019-2020
Article
The Journal of Criminal Law
2024, Vol. 88(5-6) 374–388
© The Author(s) 2024
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/00220183241274927
journals.sagepub.com/home/clj
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