CPS Flashcards
Full code test
The decision of whether to prosecute is using the full code test contained in the Code for Crown Prosecutors, issued by the Director of public Prosecutions
Two tests
The full code test consists of two tests, the evidential test and the public interest test, which must be applied in that order. If the evidential test is not passed then the case should not be proceeded with but if the evidential test is passed, the crown prosecutor should go on to consider the public interest test. If only both tests are passed should proceedings be brought.
Evidential Test
The evidential test first asks is there a realistic prospect of conviction I.e. would the court be more likely than not to convict. The CP must consider two issues: can the evidence be used in court and is it realiable
Can the evidence be used in court
Can the evidence be excluded because of for example the way it was obtained, was the evidence hearsay or does it relate to the bad character of the accused
Is the evidence reliable
If the evidence is reliable it would be consistent with a innocent explanation, is the there doubts are the confession and is the identity of the suspect be likely to be questioned
Pre trial interview
If it helps the witnesses’ reliability a trained crown prosecutor could conduct a pre trial interview with the witness
Public interest test
It would usually be in the publics interest for the prosecutor to prosecute unless it is more in the public’s interest to not bring forward a prosecution or have an out of court disposal.
Questions of public interest
When deciding the public interest, prosecutors should consider each of these questions; how serious is the offence committed?, what are the circumstances and harm caused to the victim?, was the suspect under the age of 18 at the time of the offence?, any of these factors along side public factors set out a relevant guidance or policy issued by the DPP, this should enable the prosecutors to form an overall assessment of the public interest.
Factors tending in favour of prosecution
Offence likely to result in a significant sentence, was it committed with a weapon, was it committed by a group etc…
Factors tending against prosecution
Sentence is likely to be small, prosecution to have a bad effect on the victim, the offence was the result of a genuine mistake, etc…
Prosecutor and victim
The prosecutor can take in to account the views of the victim and their family but can not act for the victim or the family and must make an overall view
Threshold test
Threshold test
