The Code for Crown Prosecutors

Question 1

Can the CPS make a finding of guilty?

Answer 1

no a finding of guilt can only be made by the court.

Question 2

What must prosecutors be when making decisions?

Answer 2

fair and objective.

Question 3

What can prosecutors do with regard to evidence when deciding whether to prosecute?

Answer 3

they should identify and where possible seek to rectify evidential weaknesses but subject to the Threshold Test they should stop cases which do not meet the evidential stage of the Full Code Test.

Question 4

Who does the final responsibility for the decision whether or not a case should go ahead rest with?

Answer 4

with the CPS.

Question 5

What are the two stages of the Full Code Test

Answer 5

1. the evidential stage
2. the public interest stage

Question 6

Only when can the prosecutor start a prosecution?

Answer 6

when the case has passed both states of the Full Code Test.

Question 7

When should the Full Code Test be applied?

Answer 7

1. when all outstanding reasonable lines of inquiry have been pursued; or
2. prior to the investigation being completed, if the prosecutor is satisfied that any further evidence or material is unlikely to affect the application of the Full Code Test, whether in favour of or against a prosecution.

Question 8

What is the evidential stage?

Answer 8

prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge.

Question 9

What type of assessment is that where there is a finding of a realistic prospect of conviction?

Answer 9

an objective assessment of the evidence.

Question 10

What should prosecutors ask themselves when deciding whether there is sufficient evidence to prosecute?

Answer 10

1. can the evidence be used in court?
2. is the evidence reliable?
3. is the evidence credible
4. is there any other material that might affect the sufficiency of evidence.

Question 11

What should prosecutors consider when deciding whether a prosecution is in the public interest?

Answer 11

1. how serious is the offence committed?
2. what is the level of culpability of the suspect
3. what are the circumstances of and harm caused to the victim
4. what was the suspect’s age and maturity at the time of the offence
5. what is the impact on the community?
6. is prosecution a proportionate response?
7. do sources of information require protecting?

Question 12

When may the Threshold Test be applied?

Answer 12

where the Full Code Test is not met but the seriousness or circumstances of the case must justify the making of an immediate charging decision, and there must be substantial grounds to object to bail.

Question 13

What are the 5 conditions of the threshold test?

Answer 13

1. there are reasonable grounds tis uspect that the person to be charged has committed the offence
2. further evidence can be obtained to provide a realistic prospect of conviction.
3. the seriousness or the circumstances of the case justifies the making of an immediate charging decision.
4. there are continuing substantial grounds to object to bail in accordance with the Bail Act 1976 and in all the circumstances of the case it is proper to do so.
5. it is in the public interest to charge the suspect.

Question 14

In determining whether there are reasonable grounds to suspect, what must the material to be relied on be capable of being?

Answer 14

1. put into an admissible format for presentation in court
2. reliable; and
3. credible.

Question 15

If there is a decision to charge under the Threshold Test, what must it be kept under?

Answer 15

review.

Question 16

If a decision to charge has been made under the Threshold Test, when should the Full Code Test be applied?

Answer 16

as soon as the anticipated further evidence or material is received and before the formal service of the prosecution case.

Question 17

The prosecutor should select charges which?

Answer 17

1. reflect the seriousness and extent of the offending
2. give the court adequate powers to sentence and impose appropriate post-conviction orders
3. allow a confiscation order to be made in appropriate cases where the defendant has benefitted from the criminal conduct; and
4. enable to case to be presented in a clear and simple way

Question 18

When might an out of court disposal take place?

Answer 18

if it is an appropriate response to the offender and/or the seriousness and consequences of the offending.

Question 19

what should prosecutors have regard to when making decisions as to where the defendant should be tried?

Answer 19

the guidelines on sentencing and allocation.

Question 20

what should the prosecutor consider as to allocation, if confiscation proceedings are required?

Answer 20

that these may only take place in the Crown Court

Question 21

Prosecutors should only accept a defendant’s plea if:

Answer 21

1. the court is able to pass a sentence that matches the seriousness of the offending, particularly where there are aggravating features
2. it enables the court to make a confiscation order in appropriate cases
3. it provides the court with adequate powers to impose other ancillary orders, bearing in mind these can be made with some offences but not with others.

Question 22

When must the prosecutor take particular care on accepting an alternative plea?

Answer 22

when it would enable the defendant to avoid a mandatory minimum sentence.

Question 23

When will the CPS reconsider a prosecution decision?

Answer 23

1. cases where a further review of the original decision shows that it was wrong
2. cases which are stopped so that further anticipated evidence can be collected and prepared.
3. cases which are not prosecuted or are stopped because of a lack of evidence but where more significant evidence is discovered later
4. cases involving a death in which a review following the findings of an inquest concludes that a prosecution should be brought.

Question 24

How can a victim seek a review of a CPS decision?

Answer 24

under the Victims’ Right to Review Scheme.