"4 Code Tests
There are two stages in the decision to prosecute.
The first stage is the evidential test. If the
case does not pass the evidential test, it must not
go ahead, no matter how important or serious it may
be. If the case does meet the evidential test, Crown
Prosecutors must decide if a prosecution is needed in
the public interest. This second stage is the
public interest test. The Crown Prosecution
Service will only start or continue with a
prosecution when the case has passed both tests".
www.cps.gov.uk/Home/CodeForCrownProsecutors/CodeTests.htm
"6 The Public Interest Test
6.1 In 1951, Lord Shawcross, who was Attorney
General, made the classic statement on public
interest, which has been supported by Attorneys
General ever since: "It has never been the rule
in this country – I hope it never will be –
that suspected criminal offences must automatically
be the subject of prosecution". (House of
Commons Debates, volume 483, column 681, 29 January
1951.)
6.2 The public interest must be considered in each
case where there is enough evidence to provide a
realistic prospect of conviction. A prosecution will
usually take place unless there are public interest
factors tending against prosecution which clearly
outweigh those tending in favour. Although there may
be public interest factors against prosecution in a
particular case, often the prosecution should go
ahead and those factors should be put to the court
for consideration when sentence is being passed.
6.3 Crown Prosecutors must balance factors for and
against prosecution carefully and fairly. Public
interest factors that can affect the decision to
prosecute usually depend on the seriousness of the
offence or the circumstances of the suspect. Some
factors may increase the need to prosecute but others
may suggest that another course of action would be
better.
The following lists of some common public
interest factors .... against prosecution, are not
exhaustive. The factors that apply will depend on the
facts in each case.
Some common public interest factors against
prosecution
6.5 A prosecution is less likely to be needed if:
a
the court is likely to impose a nominal penalty;
b
the defendant has already been made the subject of a
sentence and any further conviction would be unlikely
to result in the imposition of an additional sentence
or order, unless the nature of the particular offence
requires a prosecution;
c
the offence was committed as a result of a genuine
mistake or misunderstanding (these factors must be
balanced against the seriousness of the offence);
d
the loss or harm can be described as minor and was
the result of a single incident, particularly if it
was caused by a misjudgement;
e
there has been a long delay between the offence
taking place and the date of the trial, unless:
· the
offence is serious;
· the
delay has been caused in part by the defendant;
· the
offence has only recently come to light; or
· the
complexity of the offence has meant that there has
been a long investigation;
f a prosecution is likely to have a bad
effect on the victim’s physical or mental
health, always bearing in mind the seriousness of the
offence;
g the defendant is elderly or is, or was at
the time of the offence, suffering from significant
mental or physical ill health, unless the offence is
serious or there is a real possibility that it may be
repeated. The Crown Prosecution Service, where
necessary, applies Home Office guidelines about how
to deal with mentally disordered offenders. Crown
Prosecutors must balance the desirability of
diverting a defendant who is suffering from
significant mental or physical ill health with the
need to safeguard the general public;
h the defendant has put right the loss or
harm that was caused (but defendants must not avoid
prosecution solely because they pay compensation); or
i details may be made public that could
harm sources of information, international relations
or national security;
6.6 Deciding on the public interest is not simply
a matter of adding up the number of factors on each
side. Crown Prosecutors must decide how important
each factor is in the circumstances of each case and
go on to make an overall assessment.
The relationship between the victim and the
public interest
6.7 The Crown Prosecution Service prosecutes cases
on behalf of the public at large and not just in the
interests of any particular individual. However, when
considering the public interest test Crown
Prosecutors should always take into account the
consequences for the victim of the decision whether
or not to prosecute, and any views expressed by the
victim or the victim’s family.
6.8 It is important that a victim is told about a
decision which makes a significant difference to the
case in which he or she is involved. Crown
Prosecutors should ensure that they follow any agreed
procedures.
Youths
6.9 Crown Prosecutors must consider the interests
of a youth when deciding whether it is in the public
interest to prosecute. However Crown Prosecutors
should not avoid prosecuting simply because of the
defendant’s age. The seriousness of the offence
or the youth’s past behaviour is very important.
6.10 Cases involving youths are usually only
referred to the Crown Prosecution Service for
prosecution if the youth has already received a
reprimand and final warning, unless the offence is so
serious that neither of these were appropriate.
Reprimands and final warnings are intended to prevent
re-offending and the fact that a further offence has
occurred indicates that attempts to divert the youth
from the court system have not been effective. So the
public interest will usually require a prosecution in
such cases, unless there are clear public interest
factors against prosecution.
Police Cautions
6.11 These are only for adults. The police make
the decision to caution an offender in accordance
with Home Office guidelines.
6.12 When deciding whether a case should be
prosecuted in the courts, Crown Prosecutors should
consider the alternatives to prosecution. This will
include a police caution. Again the Home Office
guidelines should be applied. Where it is felt that a
caution is appropriate, Crown Prosecutors must inform
the police so that they can caution the suspect. If
the caution is not administered because the suspect
refuses to accept it or the police do not wish to
offer it, then the Crown Prosecutor may review the
case again".
www.cps.gov.uk/Home/CodeForCrownProsecutors/ThePublicInterestTest.htm
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