{"id":612,"date":"2018-03-07T09:27:03","date_gmt":"2018-03-07T09:27:03","guid":{"rendered":""},"modified":"2020-06-01T10:58:05","modified_gmt":"2020-06-01T10:58:05","slug":"decision-to-prosecute","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/law-help\/lpc\/decision-to-prosecute.php","title":{"rendered":"The Decision to Prosecute | LPC Help"},"content":{"rendered":"

The Decision to Prosecute<\/strong><\/p>\n

Where there is sufficient evidence to charge the suspect this will be done at the police station and they will be given conditional or unconditional bail or be reprimanded at the police station. The decision to charge or to offer an alternative course of action is a decision taken by the CPS and the custody officer under the Criminal Justice Act 2003. The decision to charge is based on two tests in the CPS Code for Crown Prosecutors which can be outlined as follows:<\/p>\n

Evidential test:  The question that is asked is whether there is sufficient evidence for a realistic prospect of conviction. The CPS must be able to answer in the affirmative whether the jury or magistrates after direction on the law would convict the defendant of the offence charged. The evidence must be relevant, reliable and admissible. And must go to proving all elements of the actus reus and mens rea of the offence.<\/p>\n

Public interest test: This will be applied after the evidential test has been satisfied. Is it in the public interest to prosecute the defendant. Some public interest factor in favour of prosecution would include:<\/p>\n