England and Wales
Prosecution in England and Wales
A prosecution service that describes itself as independent of police and government, headed by a Director who discharges his functions under the superintendence of the Attorney General.
Facts verified:
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Prosecution is conducted by the Crown Prosecution Service, which describes itself as "an independent organisation that prosecutes criminal cases investigated by police and other bodies in England and Wales" and states that it is "independent of police and the government". Its stated responsibilities include deciding which cases to prosecute, determining charges for complex cases, advising police during investigations, presenting cases in court and supporting victims and witnesses.
The service also describes its constitutional form: it is "a non-ministerial department (a government department led by civil servants, not a minister)" that is accountable to both Parliament and the public.
That self-description has to be read alongside the statute. Section 3 of the Prosecution of Offences Act 1985 provides that "the Director shall discharge his functions under this or any other enactment under the superintendence of the Attorney General", and makes it the Director's duty to take over the conduct of all criminal proceedings, other than specified proceedings, instituted on behalf of a police force.
How this system compares with others on five structural questions about the prosecution service is set out in who prosecutes, and where they sit.
Sources
Sources
About CPS — Crown Prosecution Service
Crown Prosecution Service (England and Wales) · Government publication · link verified 2026-09-18
SCOPE: the Crown Prosecution Service's own account of itself. The service's about page, read directly. Supports that the CPS describes itself as “an independent organisation that prosecutes criminal cases investigated by police and other bodies in England and Wales” and as “independent of police and the government”; that its responsibilities include deciding which cases to prosecute, determining charges for complex cases, advising police during investigations, presenting cases in court and supporting victims and witnesses; and that it is “a non-ministerial department (a government department led by civil servants, not a minister)” accountable to Parliament and the public. It is a self-description and is published here alongside the statutory provision that qualifies it.
Prosecution of Offences Act 1985, section 3 (Functions of the Director) — legislation.gov.uk
The National Archives (United Kingdom) · Legislation · link verified 2026-09-18
SCOPE: the statutory position of the Director of Public Prosecutions. The official consolidated text, read directly. Supports that “the Director shall discharge his functions under this or any other enactment under the superintendence of the Attorney General”, and that it is the Director's duty to take over the conduct of all criminal proceedings other than specified proceedings instituted on behalf of a police force. The section is shown as extending to England and Wales (E+W). It is the provision that has to be read alongside the Crown Prosecution Service's own description of itself as independent of government.