The Code for Crown Prosecutors

Question 1

What are the 6 General Principles in the code for Crown Prosecutors?

Answer 1

General Principles

(a) Prosecutors must be FAIR, OBJECTIVE and EVEN-HANDED in their approach.
(b) They must not allow the PROTECTED CHARACTERISTICS of any suspect, victim or witness to influence their decisions.
(c) They must NOT be affected by IMPROPER OR UNDUE PRESSURE from any source.
(d) They must always act in the INTERESTS OF JUSTICE and NOT solely for the purposes of obtaining a conviction.
(e) Prosecutors should not start or continue with prosecutions which amount to an ABUSE OF THE COURT’S PROCESS.
(f) They must only start or continue a prosecution when the case has passed BOTH stages of the FULL CODE TEST. The only exception to this rule is when the THRESHOLD TEST is being applied to keep a suspect in custody after charge and not all of the evidence is yet available.

Question 2

What are the stages of the Full Code Test?

Answer 2

The FULL CODE Test has 2 stages:

(i) The EVIDENTIAL stage; and
(ii) The PUBLIC INTEREST stage.

Question 3

What must the prosecutors be ratified by at the evidential stage?

Answer 3

At the evidential stage, prosecutors must be satisfied that there is SUFFICENT EVIDENCE to provide a REALISTIC PROSPECT of conviction.

Question 4

What is a realistic prospect of conviction mean?

Answer 4

A REALISTIC PROSPECT of conviction means that an objective, impartial and reasonable tribunal of fact, properly directed, is MORE LIKELY THAN NOT to convict the Defendant

(i) This is akin to the ordinary CIVIL standard of proof

Question 5

In considering the Evidential test, what should the prosecutor consider?

Answer 5

In considering the EVIDENTIAL test, prosecutors should consider the following:

(i) The ADMISSIBILITY of the evidence;
(ii) The RELIABILITY of the evidence;
(iii) The CREDIBILITY of the evidence; and
(iv) The SUFFICIENCY of the evidence

Question 6

What happens when a case passes the evidential test?

Answer 6

Where a case passes the EVIDENTIAL test the prosecutor MUST go on to consider whether the prosecution is in the PUBLIC INTEREST.

Question 7

What is the Public Interest test?

Answer 7

Under the PUBLIC INTEREST test, a prosecution will take place UNLESS the public interest factorstending against a prosecution OUTWEIGH those tending in favour.

Question 8

What is the prosecutor required to consider in the Public Interest test?

Answer 8

In considering this question, prosecutors are required to consider the following:

(i) The SERIOUSNESS of the offence;
(ii) The suspect’s CULPABILITY;
(iii) HARM caused to the victim;
(iv) Was the suspect aged UNDER 18 at the time of the offence;
(v) The impact on the COMMUNITY;
(vi) Is prosecution a PROPORTIONATE REPSONSE;
(vii) Do sources of information need protecting.

Question 9

What is the THRESHOLD Test?

Answer 9

(a) The THRESHOLD TEST may only be applied where the suspect presents a substantial bail risk and not all the evidence is available at the time when he or she must be released from custody unless charged.
(b) It may be applied where:
(i) There is insufficient evidence to apply the FULL CODE test; and
(ii) Further evidence is likely to become available within a reasonable period; and
(iii) The seriousness of the case justifies the making of an immediate charging decision; and
(iv) There are substantial grounds to object to bail under the Bail Act; and
(v) It is in the PUBLIC INTEREST to charge the suspect.