Deferred Prosecution Schemes

At Olliers Solicitors, we specialise in proactive representation at the pre-charge engagement stage of a case. Our strategic focus is on avoiding prosecution wherever possible. Where matters are denied, we will look to argue that there is not a ‘realistic prospect of a conviction’. In other cases, we will argue that a prosecution is ‘not in the public interest’. We may also look at the available out of court disposals. We will do whatever we can to keep our clients out of the criminal justice system. 

One option, increasingly used by police forces in England and Wales is a ‘Deferred Prosecution Scheme’.  

What is a Deferred Prosecution Scheme? 

A Deferred Prosecution Scheme (DPS) is an out-of-court that allows the police to suspend a prosecution (or a caution) while the accused undertakes specific diversionary activities within specified timeframe. And, if the individual complies, no further action is taken, and the case is closed without a criminal conviction. 

We discuss the eligibility criteria below but this approach is particularly relevant for low-level offences. It is designed to reduce reoffending by addressing the underlying causes of offending and avoids the negative effects of contact with the criminal justice system.  

Police Forces Using the Scheme 

As of Spring 2025, 16 police forces across England and Wales have adopted Deferred Prosecution Schemes. They are: 

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

It is possible that the list has expanded at the time of this being read. If your area is not on the list please us and we can look at whether your local force has adopted the  Deferred Prosecution Scheme. 

Typical Eligibility Criteria 

Criteria vary by force. Common requirements for participation in a DPS include: the location of the offence, residence of the offender, age of the offender, type of offence, normally the offence should be admitted (not denied), there is a realistic prospect of a conviction, antecedents of offender are often relevant.  

We can advise on the eligibility criteria for your police force area. 

Typical Conditions for Compliance 

Participants in a DPS may be required to: 

• Attend educational or rehabilitative programmes. 
• Engage in victim focused conditions – restorative justice activities. 
• Complete community service. 
• Undergo drug or alcohol treatment. 
• Avoid reoffending during the deferral period. 

Successful completion of these conditions typically results in no further action, allowing individuals to avoid a criminal record. 

Why Choose Olliers Solicitors? 

At Olliers, we prioritise early intervention to prevent charges from being brought. Our priority is keeping our clients out of the criminal justice system. Our experienced team is adept at arguing that the Charging Standard under the Code for Crown Prosecutors has not been met, either due to insufficient evidence or because prosecution is not in the public interest. And, we have a proven track record in securing out-of-court disposals, including Deferred Prosecution Schemes. 

Our senior lawyers are all leaders in their field. Olliers is ranked as a top tier law firm by both the authoritative guides to the legal profession, namely the Legal 500 2025 and Chambers Guide 2025. We are a Times Best Law Firm 2025. We are the Manchester Legal Awards 2024 Crime Team of the Year, an award we have won seven times since 2011. 

Take Control of Your Future 

If you or someone you know is under investigation, early legal advice is crucial. Contact Olliers Solicitors today to explore your options and protect your future.