Public Interest Test

Question 1

Stage 1 of the Public Interest Test

Answer 1

How serious is the offence?

Question 2

Stage 2 of the Public Interest Test

Answer 2

What is the culpability of the suspect?

Question 3

Stage 3 of the Public Interest Test

Answer 3

What are the circumstances of the offence & the harm caused?

Question 4

Stage 4 of the Public Interest Test

Answer 4

What is the age and maturity of the suspect?

Question 5

Stage 5 of the Public Interest Test

Answer 5

What is the impact on the wider community of said offence?

Question 6

Stage 6 of the Public Interest Test

Answer 6

Is prosecution (in all of the facts & circumstances) proportionate?

Question 7

Stage 7 of the Public Interest Test

Answer 7

Are there any sources that need to be protected such as informants?

Question 8

What document contains the general principles Crown prosecutors should follow when making decisions on a case, and in which details of ‘the Public Interest Test’ can be found?

Answer 8

‘The Code for Crown Prosecutors’ (2018)
This is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.

Question 9

What is the The Full Code Test

Answer 9

The Full Code Test has two stages: (i) the evidential stage; FOLLOWED by (ii) the public interest stage.
Prosecutors must only start or continue a prosecution when the case has passed BOTH STAGES of the Full Code Test. The exception is when the Threshold Test may be applied (see section 5).

Question 10

What is ‘The Code for Crown Prosecutors, (2018)’.

Answer 10

This is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.

Question 11

What is the exception to the Full Code test?

Answer 11

The Threshold Test may be considered/applied when a case fails either stage or part thereof of the Full Code Test.