The Public Interest Test
After a case passes the evidential test, it moves on to the public interest test. This second stage of the Full Code Test determines whether prosecution is required in the public interest.
Definition: The public interest test assesses whether it is in the best interest of society to prosecute a case, even if there is sufficient evidence to do so.
Factors considered in the public interest test include:
- Seriousness of the offence
- Level of responsibility of the suspect
- Amount of harm caused to the victim
- Impact on the community
- Likelihood of reoffending
- Appropriateness of prosecution versus alternative means
Highlight: More serious offences and those involving vulnerable victims are more likely to be prioritized for prosecution.
The CPS will only proceed with prosecution if the case passes both the evidential and public interest tests. If the public interest does not require prosecution, the CPS may decide not to proceed, but must justify their reasoning.
Case Study: Abu Hamza
The case of Abu Hamza, a member of the extremist terrorist group al-Qaeda, provides an interesting example of the public interest test in action.
Example: In the case of Abu Hamza, the CPS initially determined that prosecution was not in the public interest, demonstrating how complex factors can influence the decision to prosecute even in high-profile cases.
This case highlights the nuanced nature of the public interest test and how it can sometimes lead to controversial decisions. It's important to note that such decisions are subject to review and can change if new information or circumstances arise.
Vocabulary: Al-Qaeda is an extremist terrorist group known for its involvement in various international terrorist attacks.
The Full Code Test, comprising both the evidential and public interest tests, ensures that the CPS makes fair, consistent, and justified decisions about which cases to prosecute. This process helps maintain public confidence in the criminal justice system and ensures that resources are used effectively in pursuing justice.