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.

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