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07-Sep-2017 08:52

A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.It has never been the rule that a prosecution will automatically take place once the evidential stage is satisfied.those which may be considered grossly offensive, indecent, obscene or false.As a general approach, it will usually be in the public interest to prosecute cases falling within Categories 1, 2 or 3, where they satisfy the evidential stage of the test set out in the Code for Crown Prosecutors.This can include: All charging decisions (whether positive or negative) in cases involving allegations under the Juries Act 1974 must be referred to the Director's Legal Advisor (DLA) for approval (see: section entitled Handling Arrangements at the end of this guidance as to how this should be done).A decision to prosecute such an offence will thereafter require the consent of the Attorney General.On the other hand, cases which fall within Category 4 will be subject to a high evidential threshold and in many cases a prosecution is unlikely to be in the public interest.

This Part addresses the offences commonly committed via social media and identifies four distinct categories of offences.

Adherence to these guidelines will ensure that there is a consistency of approach across the CPS.