Decision to charge a suspect with a criminal offence

Question 1

Decision to charge - GENERAL INFO

Answer 1

Crown Prosecution Service (CPS) are involved at the charging stage to advise on (i) whether to charge and (ii) the level of charge

Suspect must be cautioned at charge.

Question 2

FULL CODE TEST

Answer 2

Two stages

Evidential Test - is there sufficient evidence for a realistic prospect of conviction?

Public interest test – is prosecution in the public interest?

Both stages have to be passed in order to be charged / convicted with an offence

Question 3

Evidential Test

Answer 3

Once there is sufficient evidence, prosecution must then ask themselves theses questions:

Can the evidence be used in court?

Is the evidence reliable?

Is the evidence credible?

Is there any other material that might affect the sufficiency of evidence

Question 4

Public Interest Stage

Answer 4

Prosecutors must decide if it is in the public interest to prosecute through the following questions:

How serious is the offence? –> Level of culpability and harm?

Suspects age & maturity at the time of the offence?

Impact on the community?

Question 5

Affray (Actus reus and Mens rea)

Answer 5

S.3(1) Public Order Act 1986: A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety

Triable either-way offence

Max 3 years custody