How Long Do CPS Charging Decisions Take? Realistic Timeframes & Proactive Steps (UK)

Short answer: there isn’t a single universal deadline for the CPS to charge or drop a case. Timing depends on the quality of the police file, seriousness of the allegation, outstanding forensics or digital downloads, and whether the Full Code Test can be met or a Threshold Test charge is justified.

1) The Charging Tests: Why They Matter for Timing

Full Code Test (FCT) — prosecutors charge when there’s a realistic prospect of conviction and it’s in the public interest. If the file is incomplete (e.g., forensics pending), the CPS will usually request further work rather than charge.

Threshold Test (TT) — used only in limited, necessary situations where the FCT isn’t yet met but the case is serious, further evidence is anticipated, and there are substantial grounds to withhold bail. This can lead to a faster charging decision in custody or high-risk scenarios, but it’s tightly controlled.

Practical impact: where TT doesn’t apply, CPS often wait for a DG6-compliant police file (National File Standard). Missing material slows everything down.

2) Key Clocks & Legal Backstops

A) Custody time limits (pre-charge)

• Up to 24 hours in police detention before charge, extendable to 36 hours by a superintendent, and up to 96 hours by magistrates for serious (indictable) offences. Terrorism cases have separate rules.
• If a prosecutor cannot be reached before the custody clock expires, limited emergency charging can sometimes be used by senior officers in rare cases; the CPS then review promptly.

B) Pre-charge bail (post-release)

• The initial applicable bail period (ABP) in standard cases is typically three months, with structured extensions and oversight. Reviews should set out what is outstanding and why conditions remain necessary.

C) Released Under Investigation (RUI)

• No fixed statutory time limit. However, current practice encourages use of bail with review points to maintain momentum and accountability.

D) Summary-only offences (six-month limit)

• For most summary-only offences, proceedings must start within six months of the offence date (subject to exceptions). Either-way/indictable offences generally have no limitation period.

3) What Actually Drives CPS Timelines?

1. File quality under DG6. Missing statements, incomplete forms, undeveloped digital evidence or disclosure gaps prompt CPS “action plans” that add weeks or months.
2. Digital forensics. Imaging and analysis of phones/laptops can become the critical path. Narrow, targeted parameters can speed this up.
3. Complexity & risk. Serious harm, vulnerable parties, multiple devices or defendants justify deeper reviews or, occasionally, Threshold Test charging in custody.
4. Status: custody vs. bail/RUI. Imminent custody deadlines accelerate decisions; on bail/RUI, the CPS can await further investigation within the ABP/RUI framework.
5. Prosecutor–police workflow. Clear communication about what is needed for a decision (and by when) helps avoid drift.

4) Typical Real-World Ranges (Not Guarantees)

• Simple, well-prepared summary cases: often weeks, subject to the six-month statutory limit.
• Either-way/indictable with straightforward evidence: commonly a few months, depending on forensics or additional enquiries requested by the CPS.
• Serious/complex or multi-device cases: several months or longer while digital evidence and disclosure issues are resolved (no general limitation period).

Remember: these are practical ranges, not legal deadlines (apart from the specific clocks above).

5) Steps That Can Speed Up (or At Least Structure) a Decision

1. Pre-charge representations. Submit focused arguments on the charging tests, pointing to evidential gaps or defence material and proposing an NFA (No Further Action) outcome or lesser charge.

2. Request DG6-compliant action. Ask the officer in the case to plug specific file gaps that block a decision (statements, exhibits, CCTV continuity, medical or digital evidence).

3. Targeted digital extraction. Propose narrow search terms, date ranges or app scopes so forensic work is proportionate and faster, and collateral intrusion is reduced.

4. Bail reviews & milestones. On pre-charge bail, use the three-month ABP and extension checkpoints to press for a plan—what’s outstanding, who’s doing it and by when; seek variations to any disproportionate conditions.

5. Escalation in custody. When the custody clock is tight, ensure the CPS has the key material now. If a Threshold Test charge is proposed, make immediate submissions on the statutory criteria and bail risk.

6) FAQs

Is there a deadline for CPS to make any charging decision?
No single universal deadline (except the six-month limit for most summary-only offences). For either-way/indictable offences, there is usually no statutory limitation. Pace is driven by investigation, file quality and risk.

What if I’m on pre-charge bail for months?
The initial ABP is three months, with a structured extension framework. Each review should be reasoned and proportionate to what’s outstanding. Your lawyer can challenge stasis or disproportionate conditions.

What if the police can’t reach CPS while I’m in custody?
In rare scenarios, emergency charging routes may be used to avoid custody time-limit breaches, with CPS review following promptly.

7) Bottom Line

• No single CPS “deadline,” but custody clocks, pre-charge bail ABPs, and the six-month summary limit are real anchors.
• Quality, targeted files move faster under DG6; vague or incomplete submissions stall decisions.
• Early defence engagement—pre-charge representations, digital scoping and bail milestone management—can accelerate clarity and improve prospects of NFA where appropriate.