What evidence does the CPS need to charge someone?

Are you facing potential criminal charges? So many questions will be rushing through your mind and you will be hoping that there is a chance that charges won’t be brought against you. We are here to clear things up for you during this stressful and confusing process.

In this article, we’ll discuss how the CPS decides to charge a suspect, what happens if they reject charges, and whether the police are allowed to charge independent of the CPS.

 

What evidence does the CPS need to charge someone with a crime?

The evidence that the CPS needs to charge someone with a crime depends on the unique circumstances surrounding the case. There isn’t a set amount or type of evidence that the CPS is looking for. Instead, they carry out a 2-stage “test” to decide whether the evidence put forward is enough to warrant charges – see the next section for more on this.

 

How does the CPS decide to charge someone?

The CPS carries out a 2-stage test (called a Full Code test) to decide whether it is reasonable to charge someone.

 

Evidential test

The first test is the evidential test. A CPS lawyer will analyse the evidence and decide whether it is sufficient to bring charges against the suspect. They are not deciding whether they think the suspect is guilty. The ultimate goal is to decide if the evidence provides a realistic prospect of conviction. Is a jury likely to find the suspect guilty based on this evidence?

They will decide whether:

• The evidence is strong enough to persuade a court to convict the suspect.
• The evidence can be legally presented in court.
• The evidence is credible, trustworthy, and reliable.
• There are any other factors that might impact the adequacy of the evidence.

If the case passes the evidential test, the CPS will carry out the public interest test. If it fails the evidential test, the investigators will have to resume their investigation to find sufficient evidence.

 

Public interest test

The second test is the public interest test. The CPS will decide if it’s in the interest of the public to pursue charges and seek a conviction. Is it worth the resources to continue the case?

They will look at:

• The seriousness of the offence.
• The level of harm caused to the victim(s).
• The impact on the community.
• The suspect’s age and maturity level at the time of the offence.
• Whether the suspect has any illnesses or other factors that might make a conviction of less interest.

If the case passes the public interest test too, the police (or other investigative body involved) will be allowed to charge the suspect officially. If it fails, it may mean that no charges will ever be brought against the suspect.

 

Threshold test

Sometimes in extreme cases, the CPS skips the “Full Code” test and simply decides if the case passes the “threshold test” instead. This is kept for situations where the crime is so serious that making a charge is urgently needed and bail is likely to be rejected so the individual(s) should be kept in custody.

To pass the threshold test, 5 different elements must be met:

• There must be reasonable grounds to believe the suspect committed the offence.
• It’s likely that more evidence can be obtained to support a realistic prospect of conviction.
• The offence is serious enough to justify immediate charges.
• There are significant grounds to oppose bail.
• It is deemed in the public interest to bring charges.

If the CPS goes ahead with the threshold test and agrees for charges to be made, investigators still need to make a case that passes the Full Code Test. The charging decision will be continuously reviewed until the case passes the Full Code test.

What happens if the CPS decides not to charge?

If the CPS decides that charges are not appropriate, the police (or other investigators) may continue or end their investigation, depending on the reasons why the CPS rejected the charges at this point.

 

Continue the investigation

If the charging request was rejected by the CPS, investigators may continue the investigation until they make a strong enough case to pass the Full Code test.

While they do this, the suspect will likely be released from custody, either on pre-charge bail or released under investigation.

 

End the investigation

If it is proving too difficult to make a case to meet the Full Code test, the case may be closed with No Further Action. If it failed the public interest test, the case may never be reopened as it has been deemed not worthy of allocating resources to.

 

Victim Right to Review

Victims are allowed to request a right to review if the CPS decides that charging is not appropriate. A different prosecutor will examine the evidence presented and decide if they agree with the initial decision. If they disagree, then charges may be brought.

 

Can the police charge without consulting CPS?

The police are allowed to bring charges for some offences without the CPS’s permission. They have the authority to do this for less serious cases including:

• Summary only offences (heard in Magistrates’ Court and which carry a maximum prison sentence of 6 months).
• Shoplifting and criminal damage cases where loss/damage is below £5,000.
• Either-way offences where the suspect is expected to plead guilty and will be sentenced in the Magistrates’ Court.

The police must refer cases to the CPS where:

• Death is involved.
• It is linked to terrorism/official secrets.
• It is a hate crime/domestic violence.
• It involves grievous bodily harm (GBH), actual bodily harm (ABH), or wounding.
• It involves sexual offences by or against an under 18.
• It relates to matters under the Licensing Act (2003).

 

Concerned about potential charges?

If you have been arrested and are worried you may soon be charged, you must seek legal assistance as soon as possible. This period of time before potential charges are brought is a critical opportunity to initiate “pre-charge engagement”, where you can make a case to the investigators as to why you should not be charged.

Here at Holborn Adams, our pre-charge solicitors are seasoned in ensuring cases are brought to a close before any charges are ever formally made. Please get in touch with us today to see how we can achieve this for you.

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