Explains with some clear reasoning and relevance CPS
requirements for charging suspects
Slide 2
Goal The police and CPS work in partnership as the prosecution
team at a very early stage in an investigation To achieve the
common goal of bringing cases to the right outcome, by building
robust cases from the outset.
Slide 3
The CPS should determine the charge to be brought against a
suspect in all but minor routine cases To ensure the correct charge
from the outset To weed out non-viable cases at an early stage
Slide 4
Threshold Test If evidence is not yet available to make a
charging decision to keep a suspect in custody The Threshold Test
may only be applied where the suspect presents a substantial bail
risk and not all the evidence is available at the time when he or
she must be released from custody unless charged.
Slide 5
When the test is applied Prosecutors conditions - there is
insufficient evidence currently available there are reasonable
grounds for believing that further evidence will become available
within a reasonable period the seriousness or the circumstances of
the case justifies the making of an immediate charging decision
Where any of the above conditions is not met, the Threshold Test
cannot be applied and the suspect cannot be charged.
Slide 6
Evidential Test a CPS principle CPS must be satisfied that
there is enough evidence to provide a "realistic prospect of
conviction" against each defendant on each charge If the case does
not pass the evidential test then it must not go ahead no matter
how important or serious it may be.
Slide 7
Public Interest Test If the case does pass the evidential
stage, CPS must then decide whether a prosecution is needed in the
public interest Must balance factors for and against prosecution
carefully and fairly Some factors may increase the need to
prosecute but others may suggest that another course of action
would be better
Slide 8
The case A case might fail the evidential stage because simply
there is not enough evidence, no witnesses, no DNA or other
scientific evidence Or there may be evidence but the evidence is
inadmissible e.g. confession evidence The CPS lawyer will have to
establish how significant the evidence is, referred to as its
weight, this can vary depending on the age of the witness, whether
they had been drinking, the weather and other such factors.
Slide 9
Since the Criminal Justice Act 2003 the previous convictions or
bad character of the defendant can be put before a jury in some
circumstances These factors have to be weighed in the balance to
establish not only how much evidence the prosecution have but how
probative it is
Slide 10
The public interest is satisfied if a conviction is likely to
result in a significant sentence; a weapon was used or violence was
threatened during the commission of the offence; the offence was
committed against a person serving the public (for example, a
police or prison officer, or a nurse); a prosecution would have a
significant positive impact on maintaining community
confidence.
Slide 11
Right charge, right court In order to make decisions, Crown
Prosecutors are guided by a "Code for Crown Prosecutors" which
indicates the basis on which the Service proceeds with cases
Slide 12
If the prosecutor decides that the case should not proceed he
enters a discontinuance notice which brings the proceedings to an
end.
Slide 13
Should your crime have gotten to court? Now you know how the
CPS decides what does/does not get to court. As part of your 3.1
you need to decide was it right for your trial to go ahead? They
let him go once what changed by the second time? Make sure you give
reasoning and evidence for your conclusions being drawn