Charging Decisions Flashcards
NFA
No further action to be taken at this time on the evidence presented.
Full Code Test
This is a two stage test that must be applied every time a charging decision is made. The two elements are; the evidential test and the public interest stage.
Evidential Test
Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge.
Can the evidence be used in court?
Is the evidence reliable
Is the evidence credible
Public Interest Test
If the case passes the evidential test it must then go on to the public interest stage.
How serious in the offence committed?
What is the level of culpability of the suspect?
What are the circumstances and the harm caused to the victim?
Was the suspect under the age of 18 at the time of the offence?
What is the impact on the community?
Is prosecution a proportionate response
Do sources of information require protecting?
Bail to Court
If charged then the custody Sergeant will decide on bail.
Factors Deciding Bail
The custody Sgt will look at three main factors when deciding bail:
Will the person appear at court?
Will they offend on bail?
Will they interfere or intimidate witnesses?
If the custody Sgt decides that they will not do any of the above, then they can grant bail. This means that the defendant will be able to leave the police station but have to go to court on a specific date and time. If they do not turn up at court, then a warrant will be issued for their arrest.
Remand
If the custody Sergeant believes they will breach their bail, offend on bail or interfere/intimidate a witness then they will recommend the defendant be remanded in custody until the court hearing.
Postal Requisition
A postal requisition or a court summons is a way for you to be charged to attend Court by post. It requires you to attend Court on the date and time stated on the summons and answer the charge.
Out of Court Disposal
These are alternative ways of dealing with an offender rather than sending them to court.
Crime Recording Standards
It is essential that officers understand the National Crime Recording Standards (NCRS) and Home Office Counting Rules (HOCR). The NCRS has two clear aims;
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To promote consistent crime recording between forces.
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To take a victim-oriented approach to crime recording.
The 5 principles of NCRS which support HOCR are:
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Recording of incidents
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Recording of Crimes
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Victim-focused Recordings
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Offences against the State
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Cancellation of Crimes
Charge or Summons
Charge or Summons
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The defendant has been charged or reported for an offence for which they are to attend court.
People Involved in the Court Process
People Involved in the Court Process
The court process only works through the input and engagement of a number of different people and institutions. These include Witnesses, Victims, Defendants, Juries, Barristers, Judges, Solicitors, Clerks of the Court, Administration Staff to name a few. All of those engaged in the process are required to comply with rules, regulations, legislation and guidance, failure to meet with these can cause significant problems.
Where breaches of, or failure to comply with the rules have been serious it has resulted in challenges, concerns and raised questions about the appropriateness of the CJS, and whether it is fit for purpose in the media (Garside & MacMahon, 2006).
