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What is the CPS and how does it decide to charge? Explained

Explains the CPS charging process using the Dan Norris case as an example.

UK

What is the CPS and how does it decide to charge? Explained

A sitting Labour MP, Dan Norris, is facing allegations of rape, sexual assault, voyeurism and upskirting, and police have now sent a file to the Crown Prosecution Service (CPS) for a charging decision. The 66-year-old MP for North East Somerset and Hanham, who was arrested in April 2025, says he "vigorously and entirely" denies the "untrue" allegations. His case is one of many that will pass through the CPS, the independent body that decides whether to bring criminal charges in England and Wales.

The CPS is the public prosecution service for England and Wales. It was created by the Prosecution of Offences Act 1985 to take over the responsibility for prosecuting criminal cases from the police, ensuring that decisions to charge are made independently and consistently. For serious sexual offences such as rape, the police do not decide whether to charge; instead, they investigate and then submit a file of evidence to the CPS, which applies a two-stage test: first, is there enough evidence to provide a realistic prospect of conviction? Second, is it in the public interest to prosecute? Both must be satisfied before charges are authorised.

Explains the CPS charging process using the Dan Norris case as an example.

In the Norris case, Avon and Somerset Police's dedicated rape and serious sexual assault team, Operation Bluestone, led the investigation. The offences are alleged to have occurred between the 2000s and 2020s and involve three complainants of rape, a fourth of sexual assault, plus voyeurism and upskirting. After months of enquiries, the force submitted a file to the CPS, a step that does not mean charges are certain—it simply means the police believe there is enough evidence for prosecutors to consider. Norris is still an MP, though suspended by the Labour Party and sitting as an independent; he has not attended the House of Commons since his arrest but can vote by proxy.

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For UK readers, understanding this process matters because high-profile cases like Norris's can create confusion between arrest, charge and guilt. An arrest is not a finding of guilt, and a CPS charging decision may take weeks or months. The CPS also keeps victims updated and works with specialist police teams to ensure cases are handled sensitively. The public interest test may consider factors such as the seriousness of the offence, the impact on victims and the age of the alleged crimes.

Q: What is the Crown Prosecution Service (CPS)? The CPS is the independent body in England and Wales that decides whether to prosecute criminal cases investigated by the police. It was established in 1986 to separate the investigation and prosecution of crimes, ensuring decisions are made fairly and without bias.

Q: What happens after police submit a file to the CPS? Prosecutors review the evidence against the two-stage test: evidential sufficiency (is there a realistic prospect of conviction?) and public interest (would a prosecution serve the public good?). They may ask for more evidence or direct the police to gather further material before making a decision.

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Q: Why hasn't Dan Norris been charged yet? The CPS is still considering the lengthy file submitted by Avon and Somerset Police. Charging decisions for complex, multi-complainant sexual offence cases can take time as prosecutors must evaluate all evidence. The police have asked the public not to speculate to allow the investigation to continue unhindered.

What happens next: The CPS will announce whether it has authorised charges against Norris. If charged, he will appear in court. If acquitted or if no charges are brought, he could potentially be readmitted to the Labour Party. His refusal to resign means he remains an MP unless convicted of an offence carrying a prison sentence of more than one year, which could trigger a recall petition.

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