Duty prosecutors should provide early legal advice to police officers so that weak cases can be stopped at an earlier stage, according to an inspection report of new charging arrangements.

The finding comes from a joint review of charging arrangements by Her Majesty’s Crown Prosecution Service Inspectorate and Her Majesty’s Inspectorate of Constabulary.

New arrangements phased in between 2004 and 2006 gave the CPS responsibility for determining whether alleged offenders should be charged. In their first report since the changes, inspectors found ‘a lack of clarity at some charging centres as to when formal legal advice could be sought’, with officers more likely to seek guidance from their supervisors than to discuss cases with duty prosecutors.

The review calls on the CPS and the Association of Chief Police Officers to issue guidance about when early legal advice can be sought.