Editing Prosecutor (section)

==== Prosecutions requiring special consent ====
Prosecutions under certain acts require the consent of the Attorney General or DPP before they can proceed. In practice, the following types of consent may be required:
{| class="wikitable"
|+
!Consent type
!Details
|-
|Attorney General's consent
|Offences stipulating Attorney General's consent require the explicit consent of either the Attorney or Solicitor General.<ref name=":3">{{Cite web |title=Consents to Prosecute {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/consents-prosecute |access-date=2022-06-15 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615163644/https://www.cps.gov.uk/legal-guidance/consents-prosecute |url-status=live }}</ref> These roles together are known as the Law Officers. Under section 1 of the [[Law Officers Act 1997]],<ref>{{Cite web | title=Law Officers Act 1997 | url=https://www.legislation.gov.uk/ukpga/1997/60/section/1 | archive-url=https://web.archive.org/web/20110101071135/http://www.legislation.gov.uk/ukpga/1997/60/section/1 | access-date=2025-04-06 | archive-date=2011-01-01}}</ref> the Solicitor General can undertake any role assigned to the Attorney General.<ref name=":3" /><ref>{{Cite web |title=s1 Law Officers Act 1997 |url=https://www.legislation.gov.uk/ukpga/1997/60/section/1 |access-date=15 June 2022 |archive-date=9 April 2022 |archive-url=https://web.archive.org/web/20220409214604/https://www.legislation.gov.uk/ukpga/1997/60/section/1 |url-status=live }}</ref>
|-
|DPP's consent
|Where an offence requires the consent of the DPP to proceed, this consent may be granted by a Crown Prosecutor under section 1(7) of the [[Prosecution of Offences Act 1985]].<ref>{{Cite web | title=Prosecution of Offences Act 1985 | url=https://www.legislation.gov.uk/ukpga/1985/23/section/1 | archive-url=https://web.archive.org/web/20111025223159/http://www.legislation.gov.uk:80/ukpga/1985/23/section/1 | access-date=2025-04-06 | archive-date=2011-10-25}}</ref> The prosecutor should apply all the normal tests before granting consent.<ref name=":3" />
|-
|DPP's personal consent
|Where an offence requires the personal consent of the DPP, this must be sought from the serving DPP by prosecutors, though the exact process varies depending on the offence.<ref name=":3" />
|-
|Inchoate offences
|Where an [[Inchoate offences in English law|inchoate offence]] is based on an underlying offence which requires consent to prosecute, the inchoate offence will also need consent.<ref name=":3" /><ref>{{Cite web |title=Consent of the Attorney General to prosecute: how to apply |url=https://www.gov.uk/guidance/consent-of-the-attorney-general-to-prosecute-how-to-apply |access-date=2022-06-15 |website=GOV.UK |date=23 June 2021 |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615163643/https://www.gov.uk/guidance/consent-of-the-attorney-general-to-prosecute-how-to-apply |url-status=live }}</ref>
|}
The range of offences which require consent is wide, a list of the offences can be found at Annex 1 of ''Consents to Prosecute''.<ref>{{Cite web |title=Consents to Prosecute {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/consents-prosecute |access-date=2024-05-15 |website=www.cps.gov.uk}}</ref>