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The Crown Prosecution Service (CPS) has successfully prosecuted 35 cases involving
54 defendants who have returned to the UK and are suspected of having fought in Syria
and / or Iraq. It currently has 13 such ongoing prosecutions involving 30 defendants.
The Public Prosecution Service Northern Ireland (PPSNI) is also dealing with one ongoing
Syria-related prosecution. If there is evidence that people are going abroad to engage
in terrorist activity, they can be arrested and prosecuted. They can also be arrested
and prosecuted if they return to the UK. There are a wide range of offences that can
be used to prosecute such individuals but each case has to be considered individually
on its merits and whether an arrest or prosecution can take place will depend on the
evidence available. If the police refer a case to the CPS, they consider whether the
test in the Code for Crown Prosecutors is met. That is, whether there is sufficient
evidence to provide a realistic prospect of conviction for any offence and, if so,
whether it is in the public interest to prosecute.
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