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:

1. The Evidential Test
2. 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

1. 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

2. 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

3. 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.

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:

1. Seriousness of the offence
2. Level of responsibility of the suspect
3. Amount of harm caused to the victim
4. Impact on the community
5. Likelihood of reoffending
6. 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.

Prosecution Decision-Making Process

The CPS employs various tools and guidelines for making charging decisions, including CPS charging standards ABH and other specific offense categories.

Vocabulary: CPS charging decision timescale refers to the period within which the CPS must make decisions about proceeding with cases.

The process involves:

• Evidence review and assessment
• Application of legal tests
• Consideration of alternative disposal methods
• Resource allocation evaluation

Highlight: The Criminal Justice Act 2003 sentencing guidelines provide framework for consistent decision-making.

CPS Requirements - Prosecuting Suspects

The Crown Prosecution Service (CPS) is the principal public prosecuting agency for England and Wales. Established in 1986 following the Prosecution of Offences Act 1985, the CPS was created to ensure objective and fair prosecutions of criminal cases.

Definition: The Crown Prosecution Service (CPS) is an independent organization responsible for prosecuting criminal cases in England and Wales.

The primary reasons for establishing the CPS were:

1. To stop police from deciding the outcome of prosecutions
2. To avoid conflicts of interest and prevent biases in investigations and prosecutions
3. To address issues of institutional racism in case prosecutions

Highlight: The creation of the CPS aimed to prevent miscarriages of justice by separating the roles of investigation and prosecution.

The Criminal Justice Act 2003 further defined the CPS's role by giving it the power to charge for all offences, a responsibility previously held by the police. This act laid out rules and guidelines for the Criminal Justice System, including regulations on arrests, bail, cautions, appeals, and charging.

Vocabulary: The Criminal Justice Act 2003 is a piece of legislation that outlines the rules and procedures for the criminal justice system in England and Wales.

The main roles of the CPS include:

1. Deciding which cases to prosecute
2. Determining appropriate charges
3. Providing 24-hour support to police
4. Assessing evidence provided by police
5. Ensuring the right person is prosecuted and justice is served

Quote: "Duty to ensure right person is prosecuted and bring justice to innocent/wrongfully convicted"

The CPS uses The Code for Crown Prosecutors and the Director of Public Prosecutions' Guidance on Charging when making decisions about prosecutions. This ensures that prosecutors remain fair, objective, and independent in their decision-making process.