M
Member
Speaking in the House of Lords on 11 February 2026
Debate
Victims and Courts BillContribution
Section 23 of the Prosecution of Offences Act 1985 covers the circumstances in which the CPS can discontinue proceedings in the magistrates’ court. In the magistrates’ court, it can discontinue proceedings up until the trial. Once a decision has been made to cease a prosecution, the CPS is under a duty to communicate that decision to the court and the defendant as quickly as possible. For that reason, it is usual for the CPS to formally offer no evidence in a case before notifying the victim about the decision or their right to review.
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