M
Member
Speaking in the House of Lords on 11 February 2026
Debate
Victims and Courts BillContribution
I will go into a bit more detail. The CPS has two main methods of discontinuing a case during proceedings in the Crown Court. The first is to issue a discontinuance notice under Section 23A of the Prosecution of Offences Act 1985, which permits the CPS to bring a fresh prosecution in respect of the same matter at a later point; that is, to reinstitute proceedings. Discontinuing a case is available to the CPS in the Crown Court only before an indictment is preferred, which means within the first few weeks of the matter reaching the Crown Court. Under Section 17 of the Criminal Justice Act 1967, when the CPS offers no evidence at a court hearing, it is, in effect, an acquittal of the defendant, meaning that proceedings cannot be reinstated.
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