How Do The CPS Decide to Charge You With An Offence?
In the UK the Crown Prosecution Service are the body responsible for deciding whether a person is charged with an offence or not. In all sexual offence cases
the police will send their case to the CPS for them to decide whether or not the suspect is going to be charged with an offence and if so, which offences. The CPS follow a structured process when deciding whether or not to charge the accused.
The Evidential Stage
The first step is to assess whether there is enough evidence to support a charge. The CPS will only proceed if there is a realistic prospect of conviction, which means the evidence must be sufficient to make a conviction likely if the case went to court. However, this does not mean that where a person is charged they are going to be convicted, working with specialist sexual defence lawyers will assist you in challenging the evidence and undermining that as far as possible.
Quality of evidence:
The CPS evaluates whether the evidence is reliable, credible, and sufficient to meet the threshold for a criminal trial. In some cases the evidence to the CPS may initially seem credible and sufficient but the defence may provide material which changes this.
Witnesses and statements:
They will assess the credibility of witnesses and the reliability of any statements made by the defendant or others.
Physical evidence:
Forensic evidence, CCTV footage, documents, and any other materials are also examined.
Defences:
They will also consider any defences the suspect may have, and whether these could potentially undermine the case. This is where pre-charge engagement
can really make a difference to the decisions made by the CPS. If we are able to undermine the evidence presented by the police against you, then the reliability, credibility or sufficiency may not meet the required test.
If the CPS decides there isn’t enough evidence to proceed with the case, they will not charge the suspect. When we represent clients at this early stage, our aim is to meet this outcome.
The Public Interest Stage
If there is sufficient evidence to proceed, the CPS will then consider whether it is in the public interest to bring a prosecution against the accused. In cases where alleged sexual offences
are in question then it is almost always in the public interest to prosecute the suspect. Considering the public interest stage requires a broader judgment based on factors such as:
Seriousness of the offence:
More serious crimes (e.g., violent crime or fraud) are more likely to be prosecuted than minor offences.
Impact on the victim:
The effect of the crime on the alleged victim, including whether they support a prosecution.
Offender's background:
The age, health, or vulnerability of the defendant may be taken into account, as well as their criminal history.
Likelihood of reform:
Whether the prosecution will help rehabilitate the defendant or serve as a deterrent to others.
Public confidence:
The need to maintain public confidence in the criminal justice system. In some cases, prosecuting an offence may be important to demonstrate that such behaviour will not be tolerated.
If the CPS determines that prosecuting would serve the public interest, they will proceed with a charge.
Special Considerations
In some cases, the CPS may consult with police, complainants, or experts before making a decision. In youth cases
there may be involvement from the Youth Justice Board (YJS), who can advise the CPS on ways in which a youth can be dealt with other than the usual process through the court system.
For certain serious sexual offences the CPS may need additional time to gather more evidence or to consult specialists such as forensic experts . This can cause delays to investigations making
Insufficient Evidence - What Happens?
No realistic prospect of conviction:
If the available evidence is not strong enough to support a realistic prospect of conviction, the CPS may decide not to charge. This could be due to witness statements that are unreliable, forensic evidence that is inconclusive, or insufficient evidence to meet the legal requirements for prosecution. What can also have a huge influence over the decision not to prosecute is any material provided to the CPS by the defence team by way of pre-charge representations. Our team will build your defence at this early stage to undermine any evidence, with a view to stop any future prosecution.
Weaknesses in the case:
If
the evidence is conflicting, or if there are major inconsistencies, this could undermine the likelihood of a successful conviction. Again, we can work to identify and bring these inconsistencies to the attention of the reviewing lawyer.
Public Interest Factors
The CPS considers whether it is in the public interest to prosecute. Even if there is sufficient evidence, there might still be reasons not to charge. Cases where we experience this is in cases where the complainant does not wish to support a prosecution, especially in cases of domestic violence
or assault. The CPS would consider this as an important factor and make the necessary decisions based on the complainant's safety and welfare.
Vulnerability of the defendant:
If the defendant is very young, elderly, or vulnerable, and the offence is minor, the CPS may decide against charging. The prospect of rehabilitation or diversionary programs may be considered more appropriate and the case may be redirected to alternative services who can assist in rehabilitation, and supporting the defendant.
Public interest in diversion:
In some cases, it might be more beneficial to use diversionary measures rather than prosecution, especially if it could prevent further offending or if the offence was a one-off, non-serious incident.
How Eventum Legal Can Help You Avoid Being Charged With an Offence
The CPS will proceed with a charge if both the evidential test (sufficient evidence for a realistic prospect of conviction) and the public interest test (it is in the public interest to prosecute) are satisfied. If either test fails, the CPS may decide not to charge or to discontinue the case. This decision-making process ensures that prosecutions are only brought when there is enough evidence and when it serves the interests of justice and the public.
What is crucial for suspects to understand is that they do not just have to sit and wait for the police to gather the evidence, or for the CPS to make decisions. At Eventum Legal we have a strong track record of successfully challenging the strength of a case at the
pre-charge stage. We work closely with our client to put a tailored action plan in place, gathering defence evidence and implementing a strategic approach to how the case is progressed in our client's favour, including how a police interview
is conducted and managed. This early defence intervention can impact your future.
Our lawyers provide a free initial consultation, where we can understand your case and provide you with further information on how we can assist you avoiding charges when accused of a sexual offence.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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