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Prosecution of Offences Act 2026

2026 CHAPTER [ ]

An Act to establish the office of Director of Public Prosecutions and the Crown Prosecution Service; to make provision about public prosecution functions, prosecutorial independence and the superintendence of the Attorney General; to require a Code for Crown Prosecutors; to make provision about Crown Prosecutors, prosecution casework, information, records, cooperation and accountability; and for connected purposes.

BE IT ENACTED by the Lord Lieutenant, in exercise of the constitutional continuity authority of the United Hampshire Realm, as follows:—

Part 1 — Director of Public Prosecutions and Crown Prosecution Service

1 Short title and commencement

(1) This Act may be cited as the Prosecution of Offences Act 2026.

(2) Sections 1 to 5, section 10, sections 19 to 27 and Schedule 1 come into force on the day on which this Act is made.

(3) Sections 6 to 9 and sections 11 to 18 come into force on such day or days as the Attorney General may by regulations appoint.

(4) Regulations under subsection (3) may appoint different days for different provisions or purposes.

(5) The Attorney General must not appoint a day for the commencement of a prosecution casework function unless satisfied that the applicable conditions in Schedule 1 have been met to the extent necessary for lawful exercise of that function.

2 Interpretation

In this Act—

“Attorney General” means the Attorney General of the United Hampshire Government and includes the Solicitor General only to the extent that another enactment or lawful constitutional arrangement permits the Solicitor General to exercise the relevant function;

“Code” means the Code for Crown Prosecutors issued under section 10;

“CPS” means the Crown Prosecution Service established by section 4;

“Crown Prosecutor” means a person authorised under section 8 to exercise prosecution functions on behalf of the Director;

“Director” and “DPP” mean the Director of Public Prosecutions established by section 3;

“police body” means a police force, police service or other competent policing body acting within lawful jurisdiction;

“prosecution function” means a function concerning the institution, conduct, review, continuation or discontinuance of criminal proceedings, or another function expressly assigned to the Director or CPS by an enactment;

“State prosecution function” means a prosecution function within the competence of the United Hampshire State and lawfully assigned to the Director or CPS.

3 Director of Public Prosecutions

(1) There is to be a Director of Public Prosecutions.

(2) The Director is to be appointed by the Attorney General.

(3) An appointment under subsection (2) must be made on merit through a fair and open process appropriate to the statutory office and must comply with applicable eligibility, professional, integrity, vetting and public-appointment requirements.

(4) The Director is the head of the Crown Prosecution Service and is responsible for the discharge of the Director’s statutory functions.

(5) The terms and conditions of appointment, including remuneration and any pension or allowance arrangements, are to be determined only through the applicable public-appointment and public finance arrangements.

(6) The Director may resign by written notice to the Attorney General.

(7) The Attorney General may remove the Director only for incapacity, serious misconduct, serious or persistent failure to discharge the functions of office, or another ground expressly provided by law.

(8) Before removal under subsection (7), the Director must be given written notice of the proposed grounds and a reasonable opportunity to respond, unless an urgent interim measure is required by law.

(9) A decision to remove the Director must state reasons and must be recorded in the official record. Once ordinary parliamentary machinery is operating, the decision and reasons must be reported to Parliament, subject to lawful restrictions on protected information.

(10) Nothing in this section creates a legal professional qualification, right of audience or other professional status.

4 Crown Prosecution Service

(1) There is established a non-ministerial department to be known as the Crown Prosecution Service.

(2) CPS is the principal State prosecution body for prosecution functions lawfully assigned to it.

(3) CPS consists of the Director and such Civil Service staff and other lawfully appointed or engaged persons as are provided through the applicable staffing and public-resource arrangements.

(4) CPS is institutionally separate from—

(a) the Attorney General’s Office;

(b) the Interior Office;

(d) the Ministry of Justice;

(e) courts and tribunals; and

(f) the Judiciary.

(5) CPS does not investigate offences, exercise police powers, determine guilt, impose sentence or exercise judicial functions merely by virtue of this Act.

(6) A person may conduct proceedings on behalf of CPS only to the extent that applicable law and court procedure permit that person to do so.

5 Prosecutorial independence and Attorney General superintendence

(1) The Director discharges the functions of office independently in relation to individual prosecution decisions, subject to law.

(2) The Attorney General superintends the discharge of the Director’s functions.

(3) Superintendence includes—

(a) strategic and constitutional oversight;

(b) oversight of CPS governance, effectiveness, efficiency, capability, risk and use of public resources;

(d) receiving information reasonably required for transitional or Parliamentary accountability or the discharge of Law Officer functions; and

(e) maintaining the framework agreement governing the relationship between the Law Officers and the Director.

(4) Superintendence does not authorise the Attorney General, the Solicitor General, another Minister or an official to direct the outcome of an individual prosecution decision unless an enactment expressly confers the relevant function.

(5) Nothing in subsection (4) prevents the lawful exercise of an offence-specific prosecution-consent function, another independent public-interest function or another function expressly conferred on a Law Officer by enactment.

(6) The Director must protect prosecution decisions from improper political, personal, operational or other external influence.

Part 2 — Prosecution functions

6 General functions of the Director

(1) Subject to this Act and any other enactment, the Director has responsibility for State prosecution functions assigned to the Director or CPS.

(2) Those functions include—

(a) instituting and conducting criminal proceedings where an enactment authorises the Director or CPS to do so;

(b) taking over the conduct of criminal proceedings lawfully instituted by or on behalf of a police body where those proceedings fall within State prosecution jurisdiction and are not assigned by law to another prosecutor;

(d) advising police bodies and other competent investigators on evidential, charging and prosecution issues where appropriate;

(e) determining whether criminal proceedings should be instituted, continued, altered or discontinued where that decision is lawfully assigned to the Director or CPS;

(f) preparing and presenting prosecution cases before courts having jurisdiction, through persons lawfully entitled to appear;

(g) conducting or participating in appeals or related proceedings where an enactment or court procedure assigns that function to the Director or CPS; and

(h) discharging any other prosecution function conferred by or under an enactment.

(3) A function under subsection (2) must be exercised in accordance with the Code and applicable criminal-procedure, evidence, disclosure, human rights and court rules.

(4) This section does not create an offence, a police power, court jurisdiction or a right of audience.

7 Prosecution and charging decisions

(1) The Director is responsible for prosecution decisions within CPS competence.

(2) A prosecution may be instituted or continued only where the applicable evidential and public-interest requirements in the Code are satisfied, subject to any lawful threshold or exception provided by criminal-procedure law.

(3) Where an enactment or rules assign a charging decision to the Director or CPS, that decision must be made in accordance with the applicable law and the Code.

(4) Nothing in this section transfers a charging function from a police body or another authority unless an enactment or rules provide for that transfer.

(5) A prosecution decision must be kept under review where material circumstances change.

8 Crown Prosecutors and delegation

(1) The Director may authorise suitably competent CPS personnel to act as Crown Prosecutors for specified functions.

(2) An authorisation must identify the functions that may be exercised and any conditions, limitations or review requirements.

(3) A Crown Prosecutor may exercise a function of the Director unless—

(a) an enactment requires personal exercise by the Director;

(b) the Director has reserved the function personally; or

(4) A designation or authorisation under this section does not—

(a) create a legal professional qualification;

(b) confer a right of audience not otherwise held;

(c) authorise exercise of a prosecution-consent function where the enactment creating that function requires personal exercise by another office-holder; or

(d) confer a power outside CPS jurisdiction.

(5) The Director must maintain an authoritative record of current authorisations under this section.

9 Other prosecutors, jurisdiction and private prosecutions

(1) Nothing in this Act displaces a prosecution function lawfully assigned to the Serious Fraud Office or another competent prosecutor.

(2) CPS and another prosecuting authority may maintain referral, takeover, transfer or cooperation arrangements only within the powers conferred on them by law.

(3) A transfer of case responsibility must identify the legal basis, receiving authority, effective time, records transferred and any responsibility retained.

(4) Nothing in this Act creates, preserves or abolishes a right to institute a private prosecution.

(5) Any private-prosecution jurisdiction, and any power of the Director to take over such proceedings, must arise from separate competent legislation.

(6) Nothing in this section determines a Lord Advocate for England function or resolves a question of concurrent prosecution jurisdiction.

10 Code for Crown Prosecutors

(1) The Director must issue a Code for Crown Prosecutors setting out the general principles to be applied in the exercise of prosecution functions.

(2) The Code must include provision about—

(a) evidential sufficiency;

(b) the public interest;

(d) review and reconsideration of prosecution decisions;

(e) fairness, impartiality and independence;

(f) treatment of victims, witnesses, suspects and defendants;

(g) decisions to continue, alter or discontinue proceedings;

(h) consent cases where a competent enactment creates a consent requirement; and

(i) such other prosecution principles as the Director considers necessary.

(3) Before issuing or materially revising the Code, the Director must consult the Attorney General and such criminal justice bodies as the Director considers materially affected.

(4) The Code must clearly distinguish legal requirements from prosecutorial guidance.

(5) The Code must be published.

(6) Publication of the Code does not create an offence, consent requirement, court power or prosecution jurisdiction beyond that conferred by enactment.

11 Reconsideration and complaints

(1) The Director must maintain published arrangements for—

(a) complaints about CPS service or administration; and

(b) reconsideration of prosecution decisions in categories specified by the Director.

(2) The arrangements must be fair, accessible and proportionate and must include appropriate conflict-of-interest safeguards.

(3) A reconsideration arrangement under this section does not create a statutory appeal against a prosecution decision or displace a judicial remedy or review route created by law.

(4) The Director may limit disclosure where necessary to protect legal privilege, proceedings, investigations, personal information, security or another lawful interest.

12 Protection from improper influence

(1) A Minister, official, police officer, public body or other person must not purport to direct a Crown Prosecutor as to the outcome of an individual prosecution decision unless an enactment expressly authorises the direction or decision.

(2) A person exercising a CPS prosecution function must disclose and manage any material conflict of interest.

(3) An attempt to exert improper influence over a material prosecution decision must be recorded and escalated through the applicable CPS and Law Officer propriety arrangements.

(4) This section does not prevent legitimate legal submissions, evidential representations, victim or witness representations, Parliamentary accountability, inspection, audit or judicial oversight within their proper functions.

Part 3 — Casework, information and cooperation

13 Case submission and referral standards

(1) CPS and relevant investigative bodies must maintain agreed standards for the lawful referral and submission of cases to CPS.

(2) Those standards may address—

(a) referral thresholds;

(b) evidential schedules and case files;

(d) disclosure material;

(e) victim and witness information;

(f) safeguarding information;

(g) digital evidence and provenance;

(h) legal-authority checks;

(i) time limits and court deadlines; and

(j) secure transfer and receipt records.

(3) A case submission standard does not confer a power to search, seize, compel, detain or obtain information.

(4) CPS must not accept a referral as proof that the investigation or evidence-gathering power used was lawful.

14 Evidence, disclosure and case review

(1) CPS must maintain arrangements for evidential assessment, disclosure, case review and continuity consistent with applicable law and court procedure.

(2) Prosecutors must identify material legal-authority, admissibility, disclosure or evidential defects and take appropriate action within their function.

(3) CPS must not direct an investigator to exercise a compulsory power that the investigator does not lawfully possess.

(4) Where the law permits prosecutors to advise on lines of inquiry, advice must distinguish investigative responsibility from prosecution responsibility.

(5) Material changes affecting evidential sufficiency or public interest must be considered as part of continuing review.

15 Prosecution consent

(1) This Act does not create a general requirement for the consent of the Attorney General, Solicitor General or Director to prosecute.

(2) Where another enactment requires the consent of a Law Officer or the Director—

(a) the consent function exists only to the extent provided by that enactment;

(b) the decision-maker, threshold and any permitted delegation are determined by that enactment and other applicable law; and

(3) Administrative guidance may regulate the process for seeking consent but does not create or enlarge the consent jurisdiction.

16 Protected information and legal professional privilege

(1) CPS must protect legally privileged, case-sensitive, personal, security-sensitive and other lawfully restricted information.

(2) Information may be disclosed only where there is a lawful basis and the disclosure is necessary and proportionate to the purpose.

(3) Nothing in this Act requires disclosure of Law Officer advice or other legally privileged material contrary to law.

(4) Possession of technical access to a communications service, account, database or record system does not itself confer lawful authority to obtain, use or disclose prosecution information.

17 Prosecution records

(1) CPS must maintain records sufficient to demonstrate the lawful and accountable exercise of prosecution functions.

(2) Records must include, where applicable—

(a) referral and receipt;

(b) evidential assessment;

(d) charging or prosecution decision;

(e) legal-authority and jurisdiction checks;

(f) consent where required;

(g) significant review decisions;

(h) disclosure decisions;

(i) court handling and outcome;

(j) complaints or reconsideration; and

(k) transfer to or from another prosecuting authority.

(3) Records are subject to applicable public records, information rights, data protection, security, disclosure and court requirements.

(4) Informal communications must not be the sole official record of a material prosecution decision where an official record is required.

18 Cooperation with criminal justice bodies

(1) CPS may cooperate with police bodies, other investigators, the Serious Fraud Office, courts, tribunals, the Ministry of Justice, the Attorney General’s Office and other competent authorities for the lawful administration of justice.

(2) Cooperation must preserve—

(a) investigative responsibility;

(b) prosecutorial independence;

(d) jurisdictional boundaries;

(e) legal professional privilege; and

(f) information-law requirements.

(3) A memorandum, protocol or working arrangement under this section does not create a compulsory power or transfer a statutory function unless an enactment authorises the transfer.

Part 4 — Superintendence, governance and accountability

19 Information for superintendence

(1) The Director must provide the Attorney General with information reasonably required for lawful superintendence and transitional or Parliamentary accountability.

(2) Information requirements must be proportionate and must protect the independence of individual prosecution decisions.

(3) Information may be withheld, limited, delayed or provided through a protected route where necessary to protect—

(a) a live prosecution or investigation;

(b) legal professional privilege;

(d) national security or public safety;

(e) personal information; or

(f) another lawful interest.

(4) Where practicable, CPS should explain the basis of a restriction to the Attorney General without disclosing the protected material itself.

20 Annual report and Parliamentary accountability

(1) The Director must prepare an annual report on the discharge of CPS functions.

(2) The report must include appropriate information about—

(a) performance and casework quality;

(b) prosecution outcomes at an aggregate level;

(d) victims and witnesses;

(e) governance, risk and internal control;

(f) finance and use of public resources, where applicable;

(g) complaints and reconsideration; and

(h) improvement and future priorities.

(3) The Director must provide the report to the Attorney General.

(4) During the Coth Ministry transition, the Attorney General must arrange publication of the report through the proper official route.

(5) Once ordinary parliamentary machinery is operating, the Attorney General must arrange for the report to be laid before Parliament.

(6) Nothing in this section requires publication of protected case material or information whose disclosure is prohibited or restricted by law.

21 Framework agreement and governance

(1) The Attorney General and Director must maintain a framework agreement describing the governance and superintendence relationship between the Law Officers and CPS.

(2) The framework agreement may address—

(a) strategic engagement;

(b) performance and risk;

(d) corporate governance;

(e) Parliamentary accountability;

(f) finance and public-resource assurance where applicable;

(g) conflicts and propriety; and

(h) review of the relationship.

(3) The framework agreement must preserve individual prosecutorial independence.

(4) The framework agreement is an administrative governance instrument and does not create a prosecution power, consent function, offence, appointment or court jurisdiction.

22 Finance, staffing and corporate administration

(1) CPS must operate within the public finance, Civil Service, procurement, security, records and corporate governance arrangements applicable to it.

(2) Nothing in this Act—

(a) designates an Accounting Officer;

(b) creates a budget or spending delegation;

(d) displaces Lord Lieutenant’s Treasury controls.

(3) The Director is responsible for ensuring that CPS has proportionate systems of internal governance and control, subject to the authority lawfully conferred on the office.

23 Publication and public guidance

(1) CPS must publish information sufficient for the public to understand its role, independence, prosecution principles, complaints and reconsideration arrangements and principal accountability routes.

(2) Public guidance must accurately distinguish—

(a) investigation from prosecution;

(b) prosecution from adjudication and sentencing;

(c) CPS from the Attorney General’s Office, police bodies, the Serious Fraud Office, the Ministry of Justice and the Judiciary; and

(d) an administrative process from a legally available prosecution function.

(3) Public guidance does not create a prosecution power, offence, right of appeal or service entitlement beyond that provided by law.

Part 5 — Final provisions

24 Regulations

(1) Regulations under this Act are to be made by statutory instrument.

(2) Regulations may make incidental, supplementary, consequential, transitional, transitory or saving provision within the scope of this Act.

(3) Regulations may not—

(a) create a new offence;

(b) confer a police or investigative compulsory power;

(d) transfer an England or Hampshire County Government prosecution function to CPS; or

(e) confer a prosecution function materially beyond the scope authorised by this Act.

(4) Commencement regulations under section 1 are not subject to prior approval or scrutiny unless another enactment provides otherwise. They must be published through the proper official route.

(5) Any regulations under this Act other than commencement regulations are subject to any procedure required by the enabling provision and applicable law.

25 Territorial extent and jurisdiction

(1) This Act extends to the United Hampshire State but applies only to prosecution functions within the competence of the United Hampshire State or otherwise lawfully assigned to CPS.

(2) Nothing in this Act—

(a) transfers to CPS a prosecution function constitutionally allocated to Hampshire County Government, England or another competent authority;

(b) establishes or activates the office of Lord Advocate for England;

(d) extends a CPS function beyond the geographical, personal, subject-matter or procedural jurisdiction conferred by law.

(3) Cooperation with a prosecutor outside ordinary CPS jurisdiction does not itself extend CPS jurisdiction.

26 Relationship with other enactments and savings

(1) This Act must be read with criminal-procedure, police-powers, evidence, disclosure, court, sentencing and other prosecution legislation applying to a case.

(2) Where another enactment assigns a prosecution function to another authority, that enactment prevails to the extent of the assignment.

(3) Nothing in this Act validates an investigation, charge, prosecution, consent or proceeding that lacked lawful authority when undertaken.

27 Transitional status and post-election confirmation

(1) This Act is transitional legislation made for establishment and safe operation during the Coth Ministry transition.

(2) It operates provisionally during the transition to the extent that its provisions have been lawfully commenced.

(3) If this Act is intended to continue beyond the transition, the responsible Government must present it to the Parliament returned after the 2027 general election for confirmation, amendment, replacement or repeal in accordance with the transitional legislative settlement.

(4) Nothing in this section commences a provision, extends a prosecution function or confers an authority that is not otherwise lawfully in force.

Schedule 1 — Commencement conditions

Section 1

1 Purpose

This Schedule sets out conditions that must be satisfied before CPS prosecution casework is commenced under this Act.

2 Director appointment

Before operational commencement there must be—

(a) a lawfully completed appointment of the Director;

(b) an appointment record identifying the authority, effective date and terms of office; and

3 CPS establishment and staffing

There must be sufficient authorised CPS staffing, role descriptions, professional eligibility where required, vetting, security, access control and supervision to discharge the functions being commenced.

4 Code for Crown Prosecutors

The Director must have issued and published the first Code for Crown Prosecutors under section 10.

5 Criminal-procedure integration

The responsible authorities must confirm the legal and operational relationship between CPS and—

(a) police and investigative bodies;

(b) charging arrangements;

(d) evidence and disclosure rules;

(e) time limits and service requirements; and

(f) sentencing, appeal and post-conviction routes where relevant.

6 Case submission and case-management arrangements

CPS and the relevant investigative bodies must have approved arrangements for lawful case referral, file standards, secure evidence transfer, charging requests where applicable, safeguarding information, disclosure, case review and handover.

7 Records, information and security

CPS must have approved arrangements for official records, case identifiers, access control, information security, audit, retention, disclosure, data protection, public records and protected material.

8 Complaints and reconsideration

The Director must have approved the initial complaints and reconsideration arrangements required by section 11.

9 Governance and superintendence

The framework agreement between the Law Officers and the Director must be approved for operation alongside this Act, with superintendence, information, conflict and transitional or Parliamentary accountability arrangements identified.

10 Finance and corporate authority

Any necessary Accounting Officer designation, budget, spending delegation, procurement authority and corporate-service arrangements must be separately identified and approved. This Act does not supply them by implication.

11 Training and competence

Persons exercising prosecution functions must have the training, competence, professional status and court entitlement required for the function they perform.

12 Public information

GOV.UH and CPS public information must accurately explain the functions that have actually commenced and must not advertise a prosecution, consent, review or other service that remains unavailable.

13 Powers and authority traceability

Before commencement of a prosecution function, the Attorney General must be satisfied that the competent legal basis, extent, decision-maker, safeguards, commencement status and required authority records have been identified in the authoritative legal records and commencement arrangements.

14 Commencement decision

(1) Before regulations appoint a day for a prosecution casework function, the Attorney General must record a commencement decision identifying—

(a) the provisions to be commenced;

(b) the legal basis and dependencies checked;

(d) any lawful limitation or phased commencement; and

(e) the intended commencement date.

(2) A decision under this paragraph does not itself commence a provision.

Legal status: Enacted and in force

Enacted / made: 2 August 2026

Commencement: In force