Questionnaire England/Wales

I.33 Under which circumstances?

If the CPS has altered the charge sent in by the police, this is often due to the informal (although formally acknowledged) process of plea/charge bargaining. This is where a bargain is struck between the defendant (and his lawyer) and the CPS lawyer that a guilty plea will be entered in return for a lower charge being prosecuted/ some charges not being prosecuted (e.g. rape may be reduced to indecent assault). This deal can, although rarely is, be rejected by the trial judge.