Recommendation MAI-53: CPS protocol for section 35 prosecution takeover
From Manchester Arena Inquiry: Volume 3: Radicalisation and Preventability, published 2 March 2023.
Recommendation
I recommend that the Crown Prosecution Service establish a written protocol in relation to its approach to any application from an inquiry Chairman for a section 35 prosecution to be taken over under section 6(2) of the Prosecution of Offences Act 1985.
In brief (written by this site)
The Cabinet Office reported in February 2026 that the recommendation was completed, stating that published Crown Prosecution Service guidance confirms an inquiry chairman can ask the service to take over proceedings under section 6(2) of the Prosecution of Offences Act 1985 (Cabinet Office, Feb 2026). The UK Government had accepted the measure in full in November 2025, when the department first recorded this position (Cabinet Office response, Nov 2025; Cabinet Office, Nov 2025).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
Accepted in full
Delivery
Cabinet Office says completed (27 February 2026)
Under section 35(1) of the Inquiries Act 2005 it is an offence for an individual to fail without reasonable excuse to do anything that he is required to by notice under section 21 of the Inquiries Act 2005. Such prosecutions are instituted and conducted by the Chairman of an Inquiry. Published CPS 'Inquiries and Reviews' guidance now confirms that in the rare circumstances where it is not possible for the Chairman of an Inquiry to remain as prosecutor after a section 35(1) prosecution has begun, the Chairman can ask the CPS to take over proceedings via the powers conferred under section 6(2) of the Prosecution of Offences Act (POA) 1985.
Earlier statement on delivery (1)
Cabinet Office (14 November 2025)
Under section 35(1) of the Inquiries Act 2005 it is an offence for an individual to fail without reasonable excuse to do anything that he is required to by notice under section 21 of the Inquiries Act 2005. Such prosecutions are instituted and conducted by the Chairman of an Inquiry. Published CPS 'Inquiries and Reviews' guidance now confirms that in the rare circumstances where it is not possible for the Chairman of an Inquiry to remain as prosecutor after a section 35(1) prosecution has begun, the Chairman can ask the CPS to take over proceedings via the powers conferred under section 6(2) of the Prosecution of Offences Act (POA) 1985.
From: Manchester Arena Inquiry Recommendations Dashboard, original version (data file)
Source
Themes and tags
Who has spoken
- UK Government
Response - Cabinet Office
Delivery statement