Skip to main content
N I Direct government services

Main navigation

  • Home
  • News
  • Contacts
  • Help
  • Twitter
  • Facebook
  • YouTube
  • RSS

Breadcrumb

  1. Home
  2. Crime, justice and the law
  3. Reporting, investigating and prosecuting crime

Why a case goes to court

The Public Prosecution Service (PPS) is the principal prosecuting authority in Northern Ireland, deciding if people should be prosecuted for criminal offences. They also decide on prosecution in cases investigated by the police. They also consider cases investigated by other authorities, such as HM Revenue and Customs.

Deciding to prosecute

When the PPS receives a case file from the police, with witness statements and other evidence, they might ask the police to investigate further if they believe extra information is needed.

A decision to prosecute is based on two tests:

  • the evidential test  decides if there's enough evidence for a reasonable prospect of a conviction
  • the public interest test decides if prosecution is in the public interest

If the PPS prosecutor decides that there is enough evidence to prosecute, and that it is in the public interest, they will direct a prosecution. They decide what offences the defendant should be prosecuted for, prepare the papers, and prosecute the case in court.  

If you are the victim in the case, you will be informed in writing of the prosecution decision.  If the decision is not to prosecute, you will also be informed of that decision in writing. In certain serious cases, you will be given reasons for the decision not to prosecute.

The PPS must decide if prosecution at court is the best way of dealing with the case.

Alternatives to formal court processes

In some cases the PPS will use alternatives to court or diversionary options. These include:

  • informed warning – this is a formal reprimand by the police, it's not a conviction but is recorded on the person’s criminal record for 12 months
  • caution – this is a formal reprimand by the police recorded on an adult's criminal record for five years or 30 months on a young person's record
  • diversionary youth conference – this is available if the offender is under 18 years old, admits the offence and consents to the conference

Find out more about the youth justice system.

Starting prosecution proceedings

If a decision is made to prosecute, a case can begin with either a charge sheet or a summons.

If it's a charge sheet, this involves the police charging the suspect, who has been arrested. The PPS reviews the charge before the first court appearance to make sure there is enough evidence to prosecute the defendant. The defendant will either be:

  • held in police custody overnight and produced at the first available court, where the court will have to consider bail
  • released on police bail to appear before court on a given date within 28 days from the charge

If it's a summons, this is issued by the PPS and is served on the defendant either by post or in person. The defendant must go to court on the date given on the summons.

​Find out more about custody and bail.

More useful links

  • Legal aid schemes
  • What happens at a jury trial
Share this page Share on Facebook (external link opens in a new window / tab) Share on Twitter (external link opens in a new window / tab) Share by email (external link opens in a new window / tab)

Reporting, investigating and prosecuting crime

  • Coming forward as a victim
  • Coming forward as a witness
  • Complaints about the police
  • Custody and bail
  • End the harm
  • Giving a statement to the police
  • Help for vulnerable people giving evidence
  • How CCTV is used in the community
  • Police procedures
  • Police-issued penalty notices
  • Reporting a crime
  • Why a case goes to court

Translation help

How to translate this page

Help improve this page - send your feedback

What do you want to do?
Report a problem
Which problem did you find on this page? (Tick all that apply)

Messages

You will not receive a reply. We will consider your feedback to help improve the site.

Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

What is your question about?

What to do next

Comments or queries about angling can be emailed to anglingcorrespondence@daera-ni.gov.uk 

If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit.  Contacts for common benefits are listed below.

Carer's Allowance

Call 0800 587 0912
Email 
dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Discretionary support / Short-term benefit advance

Call 0800 587 2750 
Email 
customerservice.unit@communities-ni.gov.uk

Disability Living Allowance

Call 0800 587 0912 
Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Employment and Support Allowance

Call 0800 587 1377

Jobseeker’s Allowance

Contact your local Jobs & Benefits office

Personal Independence Payment

Call 0800 587 0932

If your query is about another benefit, select ‘Other’ from the drop-down menu above.

Comments or queries about the Blue Badge scheme can be emailed to bluebadges@infrastructure-ni.gov.uk or you can also call 0300 200 7818.

For queries or advice about careers, contact the Careers Service.

For queries or advice about Child Maintenance, contact the Child Maintenance Service.

For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit.

If you can’t find the information you’re looking for in the Coronavirus (COVID-19) section, then for queries about:

  • Restrictions or regulations — contact the Department of Health
  • Travel advice (including self-isolation) — contact the Department of Health
  • Coronavirus (COVID-19) vaccinations — contact the Department of Health or Public Health Agency

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk and for queries about your certificate, email covidcertni@hscni.net.

For queries or advice about criminal record checks, email ani@accessni.gov.uk

Application and payment queries can be emailed to ema_ni@slc.co.uk

For queries or advice about employment rights, contact the Labour Relations Agency.

For queries or advice about birth, death, marriage and civil partnership certificates and research, contact the General Register Office Northern Ireland (GRONI) by email gro_nisra@finance-ni.gov.uk

For queries about the High Street Spend Local Scheme,  email HSSS.mail@economy-ni.gov.uk.

For queries about:

  • Car tax, vehicle registration and SORN
    contact the Driver and Vehicle Licensing Agency (DVLA), Swansea
     
  • Driver licensing and tests, MOT and vehicle testing
    contact the Driver & Vehicle Agency (DVA), Northern Ireland

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk.

 

For queries or advice about passports, contact HM Passport Office.

For queries or advice about Penalty Charge Notices (PCNs), including parking tickets and bus lane PCNs, email dcu@infrastructure-ni.gov.uk

For queries or advice about pensions, contact the Northern Ireland Pension Centre.

If you wish to report a problem with a road or street you can do so online in this section.

If you wish to check on a problem or fault you have already reported, contact DfI Roads.

For queries or advice about historical, social or cultural records relating to Northern Ireland, use the Public Record Office of Northern Ireland (PRONI) enquiry service.

For queries or advice about rates, email LPSCustomerTeam@lpsni.gov.uk

For queries or advice about  60+ and Senior Citizen SmartPasses (which can be used to get concessionary travel on public transport), contact Smartpass - Translink.

If you have a question about a government service or policy, you should contact the relevant government organisation directly.  We don't have access to information about you.

Related sites

  • gov.uk
  • nibusinessinfo.co.uk

Links to supporting information

  • Accessibility statement
  • Crown copyright
  • Terms and conditions
  • Privacy
  • Cookies
  • Twitter
  • Facebook
  • YouTube
  • RSS