The Decision to charge someone with a criminal offence

Question 1

What do Crown Prosecution Service do at the charging stage

Answer 1

a. advise on whether to charge and
b. advise on what level to charge

Question 2

Explain The Evidential Test

Answer 2

Determines whether there is sufficient evidence for a realistic prospect of conviction
a. is evidence reliable
b. objective test - jury more likely to convict

Question 3

Explain The Public Interest Test

Answer 3

Determines if the prosecution is in the public’s interest
a. must balance factors for and against