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Freedom of Expression: Prosecutions

Question for Attorney General

UIN 63144, tabled on 26 June 2025

To ask the Solicitor General, if she will publish the guidance issued to the Crown Prosecution Service on the application of the public interest test in cases involving freedom of expression.

Answered on

2 July 2025

All guidance issued to Crown Prosecutors to assist their decision making is available here: Prosecution guidance | The Crown Prosecution Service. The overarching Code for Crown Prosecutors issued by the Director for Public Prosecutions provides guidance on how to apply the Public Interest Test in all cases that are referred to the Crown Prosecution Service.

Cases involving freedom of expression issues can come in many forms, and so the relevant guidance will be followed by prosecutors depending on the facts and circumstances of the alleged conduct and the relevant statutory provisions.

Named day
Named day questions only occur in the House of Commons. The MP tabling the question specifies the date on which they should receive an answer. MPs may not table more than five named day questions on a single day.