Deferred Prosecution Agreements Solicitors

At Clifford Johnstons, our focus at the pre-charge stage is simple: prevent a prosecution wherever possible.  That starts with a clear assessment of the evidence.

Where allegations are disputed, we challenge whether there is a realistic prospect of conviction. Where the evidential threshold may be met, we examine whether a prosecution is genuinely required in the public interest. In the right case, we push for alternatives.

One option, now open to police forces across England and Wales, is a Deferred Prosecution Scheme.

What is a Deferred Prosecution Scheme?

A Deferred Prosecution Scheme (DPS) allows a criminal investigation to be resolved without charge, provided certain conditions are met.  Instead of proceeding to prosecution or issuing a caution, the police agree to defer any formal outcome while the individual completes a programme of agreed requirements within a set timeframe. If those requirements are met, the case is closed with no further action and no criminal conviction.

It is a pragmatic disposal. Used properly, it avoids the long-term consequences of entering the criminal justice system.

When is a Deferred Prosecution appropriate?

Deferred Prosecution Schemes are typically reserved for lower-level offending, but the decision is not purely about the offence itself. Police will also consider the individual, the circumstances, and the wider context.

Schemes are designed to address the underlying causes of alleged offending, whether that involves behaviour, decision-making, or personal circumstances, while avoiding the damage that a prosecution can cause.

Police forces operating Deferred Prosecution Schemes

A growing number of police forces have adopted Deferred Prosecution Schemes. As of 2025, these include:

• Avon & Somerset
• Cambridgeshire
• Cleveland
• Cumbria
• Derbyshire
• Devon & Cornwall
• Durham
• Leicestershire
• Merseyside
• North Wales
• North Yorkshire
• Northumbria
• Surrey
• West Midlands
• West Yorkshire

Adoption continues to expand. If your local force is not listed, we can establish whether a scheme is in operation and whether it may be available in your case.

Eligibility: what is considered

Each force applies its own criteria, but common factors include:

• the nature and seriousness of the allegation
• whether the offence is admitted
• the individual’s previous record
• whether there is a realistic prospect of conviction
• personal circumstances and risk of reoffending

The requirement for an admission is often decisive. That makes early legal advice critical before any position is taken.

Typical conditions

Where a DPS is offered, it will usually involve structured conditions such as:

• attendance on educational or behavioural programmes
• restorative justice or victim-focused work
• unpaid work or community-based activity
• engagement with drug or alcohol services
• a requirement not to reoffend during the deferral period

Successful completion results in no further action. Failure can lead to the case being revived and progressed.

Deferred Prosecution Schemes – New Knife Crime Guidance (February 2026)

On 12 February 2026, the Home Office and Ministry of Justice issued joint guidance on child knife possession offences. It applies across all police forces and Youth Justice Services (YJS) in England and Wales and sits within a clear policy objective: to halve knife crime over the next decade.

The guidance does not alter the legal test for charge. However, it fundamentally shifts how cases must be handled. Where the decision-making panel, meeting on a weekly basis, determines that an Out of Court Resolution is appropriate, and the child requires support from the YJS, that support must be mandatory. In practice, this requires the offer of either a Youth Conditional Caution or, where appropriate, a Deferred Prosecution, both of which involve he decision as to the appropriate outcome must be grounded in a full assessment of the circumstances of the offence, including the child’s age, maturity, and overall context. The available options are:

A charge may be justified where the seriousness of the offence, or its particular features, require prosecution in accordance with established guidance.

A Youth Conditional Caution may be a proportionate statutory disposal where the child would benefit from structured intervention designed to address the causes of their behaviour.

Deferred Prosecution may be suitable in cases where formal criminalisation would be disproportionate, but targeted support and intervention are necessary. Successful completion enables the child to avoid prosecution while still addressing the underlying issues.

If the child refuses to accept a Youth Conditional Caution or Deferred Prosecution, the consequence is clear: they remain liable to prosecution for the original offence.

What Has Changed in Practice

The process is now structured and time-sensitive. Police must notify YJS of a knife possession offence within one working day. YJS must begin engagement within four weeks and carry out a full, child-centred assessment, including safeguarding risks such as exploitation, trafficking, or exposure to serious violence.

Where an out-of-court disposal is appropriate, the default expectation is a Youth Conditional Caution or Deferred Prosecution.

Crucially, the Government has made clear that Deferred Prosecution must be available in every police area. This is a direct response to inconsistent provision and is intended to ensure that children are not unnecessarily criminalised where structured intervention would be more effective.

Decision-Making and Oversight

Decisions must be made by YJS, informed by all relevant agencies (including social care, education, and health), and reviewed on a weekly basis. Police must consult YJS before charging and seek CPS authority where required.

New oversight mechanisms are also mandated. Scrutiny Panels must meet quarterly to review outcomes, and YJS Management Boards must monitor the quality and effectiveness of interventions.

Why This Matters

This guidance signals a decisive move away from informal or inconsistent disposals. It prioritises early intervention, structured support, and multi-agency accountability, while retaining the ability to prosecute where necessary.

For practitioners, the message is clear: knife possession cases involving children will now be managed within a far tighter, more scrutinised framework, with deferred prosecution positioned as a central tool, not an optional extra.

Our approach

We do not treat a Deferred Prosecution Scheme as a default option. It is one of several strategic outcomes, and it must be right for the case. Our role is to:

• assess whether a DPS is realistically available
• advise on the risks of admission versus challenge
• engage with investigators at the right point to raise the option
• ensure that any conditions imposed are proportionate and achievable

In some cases, the stronger position is to resist the allegation entirely. In others, a DPS provides a controlled exit from the process. The key is making that decision early, with a clear understanding of the consequences.

Why Clifford Johnstons

We are known for decisive pre-charge intervention. That includes securing outcomes that keep clients out of court altogether.  Our team understands how police disposal decisions are made and how to influence them. Whether the objective is to challenge the case or to secure an alternative resolution, we act early and with purpose.

Contact Our Experts in Pre-Charge Engagement

If you are under investigation, the decisions made at the outset will shape everything that follows. It is important to seek advice before positions are fixed.

Our experienced pre-charge engagement solicitors provide strategic, early advice designed to influence the outcome of your case. As trusted Stockport solicitors, we act quickly and decisively to protect your position.

Contact Clifford Johnstons for a confidential discussion about your options.