Fact check: Crown Prosecution Service decides which cases to charge
The Home Secretary does not have responsibility for the decisions of the CPS, which are taken independently of Government.
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Your support makes all the difference.A widely shared social media post claimed that the Home Secretary “won’t do her job” and that led Reform UK to bring a private prosecution “to ensure justice is served” on two men who were involved in an altercation with police at Manchester Airport.
Evaluation
Decisions to prosecute are taken by the Crown Prosecution Service, not the Home Secretary. Greater Manchester Police has said that it is awaiting a charging decision from the CPS after handing over evidence in mid-August.
The facts
On the evening of July 23 2024 three incidents took place in a terminal at Manchester Airport. One of the incidents, Greater Manchester Police (GMP) reported, “resulted in the three officers receiving head injuries, including a broken nose”.
GMP also revealed that the Independent Office for Police Conduct (IOPC) was investigating the use of force by its officers, after footage was spread on social media.
On October 7 an update from the police said that: “Following an investigation led by the GMP Major Incident Team, a comprehensive file of evidence was sent to the CPS in mid-August, and we await a charging decision.”
GMP added: “We continue to support the officers involved and are committed to getting them justice.”
On the same day Reform UK announced that “if the CPS will not charge the assailants, we will organise a private criminal prosecution against them”. The Party’s MPs also wrote a letter outlining their concerns about the case to the Home Secretary.
It is up to the Crown Prosecution Service, not the Home Secretary, to decide who gets prosecuted. These decisions are made independently of Government.
The CPS is scrutinised by the Attorney General, however the AG is not involved in decisions that the CPS takes “in the vast majority” of cases. The CPS does not report to the Home Office.
Links
GMP – GMP opens Public Portal in appeal for further information about events leading up to footage filmed in Manchester Airport Terminal Two (archived)
GMP – Statement on Manchester Airport incident (archived from cached version)
UK Parliament – Solicitor General, Volume 753: debated on Thursday 12 September 2024 (archived)
Crown Prosecution Service – About CPS (archived)
CPS – Prosecuting in the public interest: independence without isolation – Max Hill QC, Director of Public Prosecutions (archived)