AC 2.1 EXPLAIN THE REQUIREMENTS OF THE CPS FOR PROSECUTING SUSPECTS.
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and
other investigative organisations in England and Wales.
They are independent, and make their decisions independently of the police and government.
Their duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to
justice wherever possible.
The code for CPS prosecutors is to:
Determine the appropriate charges in more serious or complex cases, and advises the police during
the early stages of investigations.
To prepares cases and presents them at court.
Provides information, assistance and support to victims and prosecution witnesses.
To decide which cases should be prosecuted by using the full code test?
Prosecutors must be fair, objective and independent. When deciding whether to prosecute a criminal case, our
lawyers must follow the Code for Crown Prosecutors. This means that to charge someone with a criminal
offence, prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of
conviction, and that prosecuting is in the public interest.
Other personnel The CPS works closely with the police, courts, the Judiciary and other partners to deliver
justice.
FULL CODE TEST.
There are two stages of the full code test:
1. Evidential Test
2. The Public Interest Test.
3. Evidential Test
EVIDENTIAL TEST
The evidential test is set out to make sure that there is reasonable evidence to provide a ‘realistic
prospect of a conviction’ against each defendant on each charge.
A "realistic prospect of conviction" is an objective test that is reliant on making sure evidence
available is admissible, Reliable and credible.
If the case does not pass the evidential stage, it must not go ahead, no matter how important or
serious it may be.
THE PUBLIC INTEREST STAGE
If the case does pass the evidential stage, Crown Prosecutors must then decide whether a
prosecution is needed in the public interest.
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and
other investigative organisations in England and Wales.
They are independent, and make their decisions independently of the police and government.
Their duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to
justice wherever possible.
The code for CPS prosecutors is to:
Determine the appropriate charges in more serious or complex cases, and advises the police during
the early stages of investigations.
To prepares cases and presents them at court.
Provides information, assistance and support to victims and prosecution witnesses.
To decide which cases should be prosecuted by using the full code test?
Prosecutors must be fair, objective and independent. When deciding whether to prosecute a criminal case, our
lawyers must follow the Code for Crown Prosecutors. This means that to charge someone with a criminal
offence, prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of
conviction, and that prosecuting is in the public interest.
Other personnel The CPS works closely with the police, courts, the Judiciary and other partners to deliver
justice.
FULL CODE TEST.
There are two stages of the full code test:
1. Evidential Test
2. The Public Interest Test.
3. Evidential Test
EVIDENTIAL TEST
The evidential test is set out to make sure that there is reasonable evidence to provide a ‘realistic
prospect of a conviction’ against each defendant on each charge.
A "realistic prospect of conviction" is an objective test that is reliant on making sure evidence
available is admissible, Reliable and credible.
If the case does not pass the evidential stage, it must not go ahead, no matter how important or
serious it may be.
THE PUBLIC INTEREST STAGE
If the case does pass the evidential stage, Crown Prosecutors must then decide whether a
prosecution is needed in the public interest.
