AC 2.1

• What is the main public prosecutor in England and Wales?

  The Crown Prosecution Service (CPS)
• When was the Crown Prosecution Service established?

  In 1986
• Why was the CPS set up to take over the prosecuting role from the police?

  To reduce the risk of bias in allowing the police to both investigate and prosecute cases
• What types of cases does the CPS prosecute?

  All serious or complex cases
• What role does the CPS play in police investigations?

  The CPS advises the police about lines of inquiry and evidence required to build a case
• What is the purpose of the written charge issued by the CPS?

  To inform the defendant when they are required to appear in court
• What is the Full Code Test?

  A test applied by the CPS to decide whether to prosecute a case
• What are the two stages of the Full Code Test?

  The evidential test and the public interest test
• What must prosecutors be satisfied with before prosecuting a case?

  That there is sufficient evidence for a realistic prospect of conviction
• What does the evidential test assess?

  Whether the evidence is sufficient for a reasonable jury to find the defendant guilty
• What happens if a case does not pass the evidential stage?

  It must not proceed, regardless of its seriousness
• What are the three criteria prosecutors must assess regarding evidence?


  Admissibility, reliability, and credibility
• What does credible evidence mean?

  Evidence that a reasonable person would believe to be true based on the circumstances
• What is the public interest test?

  A test to determine whether a prosecution is required in the public interest
• What factors do prosecutors consider in the public interest test?

  Seriousness of the offence, suspect's culpability, victim's harm, suspect's age, community impact, proportionality of response, and protection of information sources
• How does the suspect's age affect the decision to prosecute?

  The younger the suspect, the less likely it is that they will be prosecuted
• What is the Threshold Test?


  A test applied when the Full Code Test cannot be met, allowing for immediate charges under certain conditions
• What are the five conditions that must be met for the Threshold Test?

  Reasonable grounds to believe the offence was committed, further evidence can be obtained, the crime is serious enough, substantial grounds to object to bail, and it is in the public interest to charge
• What must happen after a decision to charge under the Threshold Test?


  The decision must be kept under review and the Full Code Test applied as soon as additional evidence is received
• What are the key roles of the Crown Prosecution Service (CPS)?


  • Main public prosecutor in England and Wales
  • Advises police on investigations
  • Independently assesses evidence
  • Decides whether to prosecute and what charges to bring
  • Issues written charges and prepares prosecution cases in court
• What are the stages involved in the Full Code Test?

  1. The evidential test

  • Assess admissibility, reliability, and credibility of evidence

  2. The public interest test

  • Evaluate seriousness of the offence, suspect's culpability, victim's harm, suspect's age, community impact, proportionality, and protection of information sources
• What are the implications of the Threshold Test in the prosecution process?

  • Allows charging when Full Code Test cannot be met
  • Five conditions must be satisfied:

  1. Reasonable grounds to believe the offence was committed

  2. Further evidence can be obtained

  3. Crime is serious enough for immediate charge

  4. Substantial grounds to object to bail

  5. Public interest in charging