The Full Code Test
The Full Code Test is a crucial tool used by the Crown Prosecution Service (CPS) when deciding whether to prosecute a suspect. This two-stage test is designed to create fairness and consistency in prosecutions across England and Wales.
Definition: The Full Code Test is a two-stage assessment used by the CPS to determine if a case should be prosecuted, consisting of the evidential test and the public interest test.
The two stages of the Full Code Test are:
- The Evidential Test
- The Public Interest Test
For the CPS to proceed with a prosecution, a case must pass both stages of the Full Code Test.
The Evidential Test
The evidential test is the first stage of the Full Code Test. It assesses whether there is sufficient evidence to provide a realistic prospect of conviction against the defendant.
Key considerations in the evidential test include:
- Is there enough evidence to argue against the defense?
- Is the evidence admissible and reliable?
- Can the evidence withstand scrutiny in court?
- Is the evidence credible when all available facts are reviewed?
Highlight: The CPS will only prosecute cases when they are sure of the defendant's guilt, supported by strong, admissible evidence.
If a case fails the evidential test, the prosecution does not proceed. This ensures that only cases with a realistic chance of conviction go to court.
Case Studies Related to the Evidential Test
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Colin Stagg:
- Suspected of murdering Rachel Nickell
- Evidence was deemed unethical and not credible
- Case failed the evidential test due to the use of a "honey trap" to force a false confession
-
Joan Francisco:
- Found dead in her apartment
- Initial evidence incriminated her ex-partner
- CPS refused to charge due to lack of sufficient evidence
- Family sued in civil court, leading to a review of the case and discovery of new evidence
-
Damilola Taylor:
- Took six years and three trials to convict the killers
- Prosecution witness's statement was found to be unreliable
- Failure to properly examine evidence led to delays in conviction
Example: In the Damilola Taylor case, the CPS's failure to properly assess the reliability of a key witness and thoroughly examine physical evidence led to multiple trials and a delayed conviction.





