Charging Guidance
The Crown Prosecution Service (CPS) are the department responsible for all criminal prosecutions throughout the country.
Reviewing lawyers at the CPS and investigators such as the police are required to follow the Director of Public Prosecution's Guidance on Charging, which provide a clear structure on how an investigation and charging decision should be made. Having a full knowledge and understanding of this guidance enables our lawyers to pro actively assist clients at the very early stages of their case.
When considering a case and representing our clients we have in mind at all time the guidance and areas of this that apply, this could include the following areas:
- The charging process
- Application of the Full Code Test in deciding whether to prosecute
- The Threshold Test
- Obtaining advice from a prosecutor
- Out of court disposals
- The National Charging Standard: material and information required for charging and prosecution
- Understanding post-charge case management
- Division of responsibility between police and CPS
- Procedure for charging referrals via the Digital Interface
- Information required to be submitted to the Digital Interface before charging decisions can be made
- Case types where early advice is recommended.
CONTACT US
Contact Us
At Eventum Legal we strongly believe that challenging a case at the initial stage can have an impact on all of the decisions subsequently made by the police and CPS further down the line of the investigation, in some cases resulting in no further action being taken.
The Full Code Test
The full code test is made up of two questions which prosecutors must ask themselves when considering a charging decision:
- The evidential stage. Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction based on an objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. They should consider whether the evidence is admissible, credible, and reliable. They must also consider whether there is any other material or information that might affect the sufficiency of evidence
A realistic prospect of conviction means “an objective, impartial and reasonable jury, bench of magistrates or a judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged." Prosecutors and police decision makers must therefore be in a position to explain why it “is more likely than not” that the court will convict.
2. A prosecution will usually take place unless the prosecutor, or where appropriate the police decision maker, is satisfied that there are public interest factors tending against prosecution which outweigh those in favour. This includes considering whether the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by way of an out of court disposal rather than a prosecution.
The Threshold Test
The Threshold Test is intended to apply to a very limited range of cases where the Full Code Test cannot be met but the overall seriousness or circumstances of the case justify the making of an immediate charging decision, and there are substantial grounds to object to bail.
The police must always endeavour to conclude all reasonable lines of inquiry during a suspect’s period of detention so that the Full Code Test can be applied. But where they cannot, and the suspect would present a substantial bail risk, consideration can be given to whether the conditions of the Threshold Test are met.
Location
82 King Street
Manchester
M2 4WQ
info@eventumlegal.co.uk
Call
The region's leading sexual offence and domestic violence defence lawyers
Navigation
Eventum Legal hold mandatory indemnity insurance. We are insured by Hera Indemnity - Lloyds.
We are regulated by CILEx Regulation to conduct criminal litigation and advocacy, authorisation number 3002253.
