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29 Oct 2022

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Crown Prosecutors and the Full Code Test Explained: Easy Guide

The Crown Prosecution Service (CPS) is the principal prosecuting authority... Show more

AC 2.1: Explain the requirements of the Crown Prosecution Service for the prosecution of suspects.
The CPS is the main prosecutor in England

Crown Prosecution Service Requirements for Prosecution

The Crown Prosecution Service CPSCPS plays a crucial role in the criminal justice system of England and Wales. Established in 1986 through the Prosecution of Offences Act 1985, the CPS took over prosecution duties from the police to ensure unbiased handling of cases. While the police still handle minor offenses, the CPS is responsible for more complex and serious cases.

CPS Role and Responsibilities

The CPS has several key responsibilities in the prosecution process:

  1. Advising police during investigations, guiding them on necessary evidence and lines of inquiry.
  2. Independently assessing evidence to determine whether to prosecute and what charges to bring.
  3. Issuing written charges and court attendance notices to defendants, as per the Criminal Justice Act 2003.
  4. Preparing and presenting prosecution cases in court.

The Full Code Test

The Full Code Test is the primary decision-making tool used by the CPS to determine whether a case should be prosecuted. This test is applied after the police have exhausted all reasonable lines of inquiry and consists of two stages:

1. The Evidential Test

Prosecutors must ensure there is sufficient evidence for a realistic prospect of conviction. This involves considering:

  • Admissibility of evidence in court
  • Reliability of evidence
  • Credibility of evidence

Highlight: If a case fails the evidential test, it cannot proceed regardless of the crime's severity.

2. The Public Interest Test

If a case passes the evidential test, prosecutors then consider whether prosecution is in the public interest. Factors considered include:

  • Crime severity
  • Suspect's level of responsibility
  • Harm suffered by the victim
  • Suspect's age and maturity
  • Impact on the community
  • Proportionality of prosecution
  • Protection of information sources

Example: A complex trial might only prosecute ringleaders to save time and resources.

The Threshold Test

The Threshold Test allows for charging suspects in cases that don't yet meet the Full Code Test criteria. This test has five conditions:

  1. Reasonable grounds to believe the suspect committed the offense
  2. Likelihood of gathering more evidence to support a realistic prospect of conviction
  3. Seriousness of the crime justifying immediate prosecution
  4. Substantial grounds for refusing bail
  5. Public interest in immediate prosecution

Highlight: Decisions made under the Threshold Test must be regularly reviewed as new evidence becomes available.

The CPS's rigorous decision-making process ensures that prosecutions are fair, effective, and in the public interest, maintaining the integrity of the criminal justice system in England and Wales.



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Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because it’s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because it’s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user

 

Criminology

2,450

29 Oct 2022

1 page

Crown Prosecutors and the Full Code Test Explained: Easy Guide

The Crown Prosecution Service (CPS) is the principal prosecuting authority in England and Wales, established by the Prosecution of Offences Act 1985to ensure impartial prosecution of criminal cases. This summary outlines the CPS's role, decision-making processes, and the tests... Show more

AC 2.1: Explain the requirements of the Crown Prosecution Service for the prosecution of suspects.
The CPS is the main prosecutor in England

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Crown Prosecution Service Requirements for Prosecution

The Crown Prosecution Service CPSCPS plays a crucial role in the criminal justice system of England and Wales. Established in 1986 through the Prosecution of Offences Act 1985, the CPS took over prosecution duties from the police to ensure unbiased handling of cases. While the police still handle minor offenses, the CPS is responsible for more complex and serious cases.

CPS Role and Responsibilities

The CPS has several key responsibilities in the prosecution process:

  1. Advising police during investigations, guiding them on necessary evidence and lines of inquiry.
  2. Independently assessing evidence to determine whether to prosecute and what charges to bring.
  3. Issuing written charges and court attendance notices to defendants, as per the Criminal Justice Act 2003.
  4. Preparing and presenting prosecution cases in court.

The Full Code Test

The Full Code Test is the primary decision-making tool used by the CPS to determine whether a case should be prosecuted. This test is applied after the police have exhausted all reasonable lines of inquiry and consists of two stages:

1. The Evidential Test

Prosecutors must ensure there is sufficient evidence for a realistic prospect of conviction. This involves considering:

  • Admissibility of evidence in court
  • Reliability of evidence
  • Credibility of evidence

Highlight: If a case fails the evidential test, it cannot proceed regardless of the crime's severity.

2. The Public Interest Test

If a case passes the evidential test, prosecutors then consider whether prosecution is in the public interest. Factors considered include:

  • Crime severity
  • Suspect's level of responsibility
  • Harm suffered by the victim
  • Suspect's age and maturity
  • Impact on the community
  • Proportionality of prosecution
  • Protection of information sources

Example: A complex trial might only prosecute ringleaders to save time and resources.

The Threshold Test

The Threshold Test allows for charging suspects in cases that don't yet meet the Full Code Test criteria. This test has five conditions:

  1. Reasonable grounds to believe the suspect committed the offense
  2. Likelihood of gathering more evidence to support a realistic prospect of conviction
  3. Seriousness of the crime justifying immediate prosecution
  4. Substantial grounds for refusing bail
  5. Public interest in immediate prosecution

Highlight: Decisions made under the Threshold Test must be regularly reviewed as new evidence becomes available.

The CPS's rigorous decision-making process ensures that prosecutions are fair, effective, and in the public interest, maintaining the integrity of the criminal justice system in England and Wales.

Can't find what you're looking for? Explore other subjects.

Students love us — and so will you.

4.9/5

App Store

4.8/5

Google Play

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because it’s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because it’s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user