JD Spicer Zeb Solicitors Banner Image

Useful Information

  • Home
  • Useful Information
  • Crime/Fraud
Services
People
News and Events
Other
Blogs

What Evidence Does The CPS Need To Charge Someone?

  • Posted

If you have been arrested, you will understandably be concerned about what will happen next and how your case may unfold. Regardless of the nature of the offence you have been arrested for, you will also likely have questions over the sort of evidence that will be required for the Crown Prosecution Service (CPS) to charge you.

It is important to understand the procedures and guidelines the CPS are required to follow during criminal investigations, especially as this will help to clarify your situation and the level of support you will need from an expert criminal defence solicitor.

Here, we discuss what the CPS does, the type and amount of evidence that is required to charge someone with a criminal offence, the procedures the CPS needs to follow and what could lead to the CPS dropping an investigation.

What is the CPS?

The Crown Prosecution Service (CPS) is the primary prosecuting body in England and Wales. It is responsible for prosecuting criminal cases which have been investigated by the police and other investigative organisations. The CPS also acts to determine the most appropriate charge for more serious cases and provides advice to the police on certain legal aspects of criminal investigations.

The majority of criminal prosecutions are conducted by the CPS, but other government organisations may have the authority to prosecute in certain situations. For example, the Health and Safety Executive, the Environment Agency and Local Authorities may all be able to intervene, depending on the circumstances.

How much evidence is needed to charge someone in the UK?

Many people understandably ask - what evidence does the CPS need to charge?

The Code for Crown Prosecutors sets out the standard of evidence which is needed for a CPS charging decision. The CPS will typically refer to one of two ‘tests’ when deciding how much evidence is needed to charge someone in the UK.

Full Code Test

The Full Code Test has two main stages, which are followed when all ‘reasonable’ lines of enquiry are pursued or, prior to the investigation being completed, the prosecutor is satisfied that any further evidence is unlikely to affect the application of the Full Code Test. The two stages are the Evidential Stage and the Public Interest Stage.

Evidential Stage

During the evidential stage, the prosecutor must be satisfied that there is sufficient evidence against a suspect on each charge they are facing. There are several factors which will affect this decision and what will result in a ‘realistic’ prospect of conviction, including what the defence case may be and how this is likely to affect the prospects of a conviction.

Declaring whether there is a realistic prospect of conviction will be based on a prosecutor’s objective assessment of the evidence, whatever it may be. This essentially means that a decision needs to be made over whether a reasonable jury, bench of magistrates, or judge hearing a case, is more likely than not to convict a suspect on the alleged charges.

When making this objective decision, prosecutors will assess the evidence and ask the following questions:

  • Can the evidence be used in court?
    • Are there any questions over the admissibility of certain evidence
  • Is the evidence reliable?
    • Is the evidence accurate, or are there questions over its accuracy or integrity?
  • Is the evidence credible?
  • Is there any other evidence or material which will affect the sufficiency of evidence?
    • Has additional material been obtained through reasonable lines of enquiry?

Public Interest Stage

Where the evidential stage has been sufficiently met, the CPS will then also need to consider whether a prosecution is in the public interest. This means that the prosecutor simply needs to ask whether the public interest would be better served by the prosecution taking place compared to if it did not take place.

This decision will also include a consideration of whether the matter would be more appropriately dealt with by way of an out of court disposal.

When determining public interest, prosecutors are required to address certain questions which will affect the final outcome. These questions are not exhaustive and may not be applicable in all scenarios.

Prosecutors need to consider:

  • How serious is the offence?
  • What is the level of culpability of the suspect?
  • What are the circumstances of the harm caused?
  • What was the suspect’s age and maturity at the time of the offence?
  • What is the impact on the community?
  • Is prosecution proportionate?
  • Do sources of information require protection?

The Threshold Test

There may be very limited circumstances where the Full Code Test is not met, and the Threshold Test can be applied in its place to charge a suspect. This is typically where the seriousness or circumstances of the case justify making an immediate charging decision, and there are also substantial grounds to object to bail.

Five factors all need to be met for the Threshold Test to apply. These factors are:

  • There are reasonable grounds to suspect that the person being charged has committed the offence
  • Further evidence can be obtained which will provide a realistic prospect of conviction
  • The seriousness or circumstances warrant an immediate charging decision
  • There are substantial grounds to object to bail
  • It is in the public interest to charge the suspect

The decision to charge under the Threshold Test must be kept under review by the police/CPS, and as soon as the evidence that is awaited is received, the Full Code Test can be applied instead.

Can the police charge you for an offence without the CPS?

The police may have the authority to make a charging decision without the intervention of the CPS for less serious criminal cases. These include the likes of:

  • Summary only cases (cases usually heard in the Magistrates’ Court with a maximum sentence of 6 months imprisonment)
  • Shoplifting offences
  • Either way offences which are suitable for the Magistrates’ and a guilty plea is anticipated

Can CPS prosecute without evidence?

CPS charges will typically not be possible if they do not have any evidence or the evidence that is provided by the prosecution is insufficient. This may be because the evidence is unreliable, the sources are not credible, or it was illegally obtained.

What happens if there is not enough evidence?

If a case does not pass this evidential stage due to a lack of evidence, then it will not proceed any further. This is regardless of how serious or sensitive the charges are.

What must the CPS do before a case goes to court?

Before a case is permitted to proceed to court for sentencing, the CPS needs to ensure that, when following the Full Code Test, a case passes both the evidential and public interest stages.

Similarly, if the Threshold Test is applied, the CPS need to ensure that the various factors mentioned above are sufficiently met before the case can then proceed to sentencing.

When will the CPS drop charges?

As you might expect, CPS charges are unlikely to be dropped unless there is a compelling reason, or multiple reasons, to do so. The CPS may drop charges (or the police may drop charges where the CPS is not involved) where:

There is a lack of evidence

This is fairly self-explanatory. If there is insufficient evidence, this will mean that there is very little chance of a realistic prospect of conviction.

Evidence was illegally obtained

It may be the case that the evidence in question was obtained illegally, making it inadmissible in court.

The prosecution does not pass the public interest stage

If a prosecution is not considered to be in the public interest, the prosecution may make the decision to drop the case. This is usually where the charges being levelled are relatively minor.

To buy time for a later trial

In some cases, the prosecution may decide to discontinue charges for their own benefit. This may be where they want additional time to be able to reorganise their approach and be better prepared for a future trial.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations or charges you may be facing, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for criminal offence allegations

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with a criminal offence charge.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.