2.1 Requirements of CPS For Prosecution of Suspects

Question 1

What is the full code test

Answer 1

The full code test has 2 stages :

The evidential test : that there is enough evidence for the possibility of winning the case / conviction

The public interest test : if it is in the public interest to have the suspect prosecuted - if they are dangerous and ect

Question 2

What happens if a case does not pass the evidential test

Answer 2

No matter what, it must not proceed

Question 3

Is the evidence admissible

Answer 3

Prosecutors must decide whether evidence will be rejected as inadmissible. EG evidence could be ruled out as hearsay evidence

Question 4

Is the evidence reliable

Answer 4

Prosecutors must decide if there’s a reason to question the reliability of the evidence (made up evidence) . EG if the witness is truthful or of good character

Question 5

Is the evidence credible

Answer 5

Would a reasonable person believe the evidence. The reasonable people being jurors, judges and magistrates

Question 6

Questions asked for the public interest test

Answer 6

1 how serious is the offence
2 what is the suspects level of culpability
3 what harm has the victim suffered
4 the suspects age and maturity
5 what is the impact of the offending on the community
6 is the prosecution a proportionate response
7 do sources of information require protecting - exposing sources of info that could harm other cases EG undercover police statements

Question 7

What is the threshold test

Answer 7

A suspect can have the threshold test applied if they do not meet the evidence side of the full code test.
It has 5 conditions:
1 Reasonable grounds to believe the suspect has committed the offence
2 reasonable grounds to believe further evidence can be obtained
3 the crime is serious enough to justify charging the suspect immediately
4 there must be substantial grounds to object bail (EG they’re likely to interfere with witnesses)
5 it must be in public’s interest to charge the suspect