Editing Prosecutor (section)

==== Approach of the CPS to prosecutions ====
Crown Prosecutors are bound by a strict code of conduct, known as the [[Code for Crown Prosecutors]],<ref>{{Cite web |title=The Code for Crown Prosecutors {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/publication/code-crown-prosecutors |access-date=2024-05-15 |website=www.cps.gov.uk}}</ref> which governs how cases are charged and trials conducted. This fundamental code is supported by a range of other policies, most notably the Director's Guidance on Charging.<ref>{{Cite web |title=Charging (The Director's Guidance) - sixth edition, December 2020, incorporating the National File Standard {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-sixth-edition-december-2020-incorporating-national-file |access-date=2024-05-15 |website=www.cps.gov.uk}}</ref> The first stage in prosecuting a case is deciding to [[Criminal charge|charge]] the suspect, and it is this process which begins the prosecution. The CPS has the authority to decide whether a person is charged in all offences. However, the police may charge all [[Summary offence|summary offences]], and [[either-way offences]] when there is an anticipated guilty [[Pleading (England and Wales)|plea]]. The nature of the offence is suitable for [[Sentence (law)|sentence]] in the magistrates' court.<ref name="Director's Guidance">{{Cite web |title=Charging (The Director's Guidance) - sixth edition, December 2020 {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-sixth-edition-december-2020 |access-date=15 June 2022 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615143334/https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-sixth-edition-december-2020 |url-status=live }}  [[File:UKOpenGovernmentLicence.svg|30px]] Text was copied from this source, which is available under an [http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  Open Government Licence v3.0] {{Webarchive|url=https://web.archive.org/web/20170628175632/https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ |date=28 June 2017 }}. © Crown copyright.</ref>

In order to charge, the circumstances must meet the Full Code Test.<ref name=":0">{{Cite web |title=The Code for Crown Prosecutors {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/publication/code-crown-prosecutors |access-date=15 June 2022 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615143334/https://www.cps.gov.uk/publication/code-crown-prosecutors |url-status=live }}</ref> In some urgent cases, a lower Threshold Test can be applied to get a charge quickly; however, the Full Code Test must then be applied at the earliest opportunity.<ref name=":0" /> The Full Code Test has two stages; both parts are equal and must be met before a prosecution can be brought. 
{| class="wikitable"
|+
! colspan="2" |Full Code Test
|-
!Evidential Stage 
|Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.<ref name="Director's Guidance"/>
The finding that there is a realistic prospect of conviction is based on the prosecutor's objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. It means that an objective, impartial, and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty.<ref name="Director's Guidance"/>
|-
!Public Interest Stage
|In every case where there is sufficient evidence to justify a prosecution or to offer an out-of-court disposal, prosecutors must go on to consider whether a prosecution is required in the public interest.<ref name="Director's Guidance"/>
It has never been the rule that a prosecution will automatically take place once the evidential stage is met. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour. In some cases the prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution.<ref name="Director's Guidance"/>
|}
{| class="wikitable"
|+
! colspan="2" |Threshold Test
|-
!There are reasonable grounds to suspect that the person to be charged has committed the offence
|Prosecutors must be satisfied, on an objective assessment of the evidence, that there are reasonable grounds to suspect that the person to be charged has committed the offence. The assessment must consider the impact of any defence or information that the suspect has put forward or on which they might rely.<ref name="Director's Guidance"/>

In determining whether there are reasonable grounds to suspect, prosecutors must consider all of the material or information available, whether in evidential format or otherwise. Prosecutors must be satisfied that the material to be relied on at this stage is capable of being:<ref name="Director's Guidance"/>

# put into an admissible format for presentation in court;
# reliable; and
# credible.
|-
!Further evidence can be obtained to provide a realistic prospect of conviction
|Prosecutors must be satisfied that there are reasonable grounds to believe that the continuing investigation will provide further evidence, within a reasonable period of time, so that when all the evidence is considered together, including material which may point away from as well as towards a particular suspect, it is capable of establishing a realistic prospect of conviction in accordance with the Full Code Test.<ref name="Director's Guidance"/>
|-
!The seriousness or the circumstances of the case justifies the making of an immediate charging decision<ref name="Director's Guidance"/>
|The seriousness and the circumstances of the case should be assessed in relation to the alleged offending and should be linked to the level of risk created by granting bail.<ref name="Director's Guidance"/>
|-
!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<ref name="Director's Guidance"/>
|This determination must be based on a proper risk assessment, which reveals that the suspect is not suitable to be bailed, even with substantial conditions. For example, a dangerous suspect who poses a serious risk of harm to a particular person or the public, or a suspect who poses a serious risk of absconding or interfering with witnesses. Prosecutors should not accept, without careful enquiry, any unjustified or unsupported assertions about risk if release on bail were to take place.<ref name="Director's Guidance"/>
|-
!It is in the public interest to charge the suspect
|Prosecutors must apply the public interest stage of the Full Code Test based on the information available at that time.<ref name="Director's Guidance"/>
|}
The Threshold Test must be kept under proactive and continuous review, and should only be used in rare and urgent circumstances.<ref name=":0" />