Text

THE DECISION TO CHARGE
In determining whether or not to charge a suspect or to go ahead with a prosecution, the Crown Prosecution Service follows guidance set out in the Code for Crown Prosecutors. 

FULL CODE TEST
The CPS will apply the Full Code Test when making or reviewing charging decisions, which is set out in section four of this code.  This is a twofold test involving an evidential stage and a public interest stage.

1. In the first stage, prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of the suspect's conviction on each charge against him or her. With this test, prosecutors consider the following questions. Can the evidence be used in court? Is the evidence reliable? Is the evidence credible? If, and only if, there is sufficient evidence to justify a prosecution, then prosecutors go on to consider the second stage. 
2. This is whether a prosecution is in the public interest or not. Here, they consider factors such as the seriousness of the offence, the culpability of the suspect, and the harm caused to the victim. 

If the Full Code Test is met, the case will usually proceed to prosecution.  It may be the case that when the prosecutor is deciding whether or not to go ahead with the prosecution, that they consider that an out of court disposal is more appropriate, in which case the case may be referred back to the police. 

THRESHOLD TEST
In very limited situations where the Full Code Test cannot yet be met, a different test may be applied in order to charge a suspect immediately. This is called the Threshold Test, and here, five conditions must be met. 
1. Firstly, there must be reasonable grounds to suspect that the alleged offender committed the offence.
2. Secondly, it must be possible that further evidence can be obtained to provide a realistic prospect of conviction. 
3. Thirdly, the seriousness of the case must justify an immediate charge. 
4. Fourthly, there must be continuing substantial grounds to object to bail. 
5. And finally, it must be in the public interest to charge the suspect.

If the Threshold Test is used to charge a suspect, then it is important that the Full Code Test is applied and met once further evidence is gathered. 

DISCONTINUING PROSECUTION
At any stage after charging, charges may be discontinued usually by the CPS for a number of reasons, especially due to not meeting the Full Code Test.

Quiz