Crown Prosecution Service

97ANNEX C - CODE FOR THE CROWN PROSECUTORS10.5 Particular care must be taken whenconsidering pleas which would enable thedefendant to avoid the imposition of amandatory minimum sentence. When pleasare offered, Crown Prosecutors must bear inmind the fact that ancillary orders can bemade with some offences but not with others.b Cases which are stopped so that moreevidence which is likely to becomeavailable in the fairly near future can becollected and prepared. In these cases,the Crown Prosecutor will tell thedefendant that the prosecution may wellstart again; and11 PROSECUTORS' ROLE IN SENTENCING11.1 Crown Prosecutors should draw the court'sattention to:cCases which are stopped because of alack of evidence but where moresignificant evidence is discovered later.• Any aggravating or mitigating factorsdisclosed by the prosecution case;• Any victim personal statement;• Where appropriate, evidence of the impactof the offending on a community;• Any statutory provisions or sentencingguidelines which may assist;• Any relevant statutory provisions relatingto ancillary orders (such as anti-socialbehaviour orders).11.2 The Crown Prosecutor should challenge anyassertion made by the defence in mitigationthat is inaccurate, misleading or derogatory. Ifthe defence persist in the assertion, and itappears relevant to the sentence, the courtshould be invited to hear evidence todetermine the facts and sentence accordingly.12 RE-STARTING A PROSECUTION12.1 People should be able to rely on decisionstaken by the Crown Prosecution Service.Normally, if the Crown Prosecution Servicetells a suspect or defendant that there willnot be a prosecution, or that theprosecution has been stopped, that is theend of the matter and the case will not startagain. But occasionally there are specialreasons why the Crown Prosecution Servicewill re-start the prosecution, particularly ifthe case is serious.12.2 These reasons include:aRare cases where a new look at the originaldecision shows that it was clearly wrongand should not be allowed to stand;12.3 There may also be exceptional cases inwhich, following an acquittal of a seriousoffence, the Crown Prosecutor may, with thewritten consent of the Director of PublicProsecutions, apply to the Court of Appealfor an order quashing the acquittal andrequiring the defendant to be retried, inaccordance with Part 10 of the CriminalJustice Act 2003.The Code is a public document. It is availableon the CPS website: www.cps.gov.ukFurther copies may be obtained from:CPS Communications Branch50 Ludgate HillLondon EC4M 7EXTel: 020 7796 8442Fax: 020 7796 8030E-mail: publicity.branch@cps.gsi.gov.ukOr go to:www.cps.gov.ukTranslations into other languages and audioor Braille copies are available. Contact CPSCommunications Branch for details. The CPSPublic Enquiry Point can provide generalinformation on the CPS and advice on who tocontact. The unit cannot give legal advice,but may be able to offer you practicalinformation.CPS Public Enquiry Point:Tel: 020 7796 8500 Phone calls may be recordedE-mail for enquiries and comments:enquiries@cps.gsi.gov.uk