The Crown Prosecution Service and Testing Procedures
The CPS was created to address concerns about police bias when they previously had sole authority to decide prosecutions. By separating investigation from prosecution, the CPS ensures decisions are based on evidence and public interest rather than potentially biased police judgments.
The Full Code Test determines whether cases proceed to court through two key components. The Evidential Test examines if there's sufficient evidence for a likely conviction - without adequate evidence, a case cannot proceed regardless of other factors. If this hurdle is cleared, the Public Interest Test considers whether prosecution serves society's interests by evaluating factors like threat level, suspect's age and responsibility, and harm caused.
Real-World Application: The Debbie Purdy case illustrates the public interest assessment in action. Purdy, suffering from multiple sclerosis, sought legal clarification on whether her husband would face prosecution if he helped her travel to Switzerland for euthanasia.
The Damilola Taylor case highlights the critical importance of the evidential test. This tragic murder of a 10-year-old boy resulted in a 6-year legal battle spanning three trials due to poor evidence handling and an unreliable witness. The CPS reputation suffered significantly when it became clear that obvious signs of deception in witness testimony weren't properly scrutinised.
