What Evidence Does the CPS Need to Charge? A Comprehensive Overview

What Evidence Does the CPS Need to Charge? A Comprehensive Overview

The Two-Stage Test: Evidential and Public Interest

1. Evidential Stage: The CPS must first determine if there is sufficient evidence to provide a “realistic prospect of conviction.” This means that an impartial jury or judge is more likely than not to convict the defendant based on the evidence presented.
2. Public Interest Stage: If the evidential stage is satisfied, the CPS then assesses whether prosecuting the case serves the public interest. Factors considered include the seriousness of the offence, the circumstances of the offender, and the impact on the community.

Types of Evidence Considered

• Direct Evidence: Testimonies from witnesses who directly observed the crime.
• Circumstantial Evidence: Indirect evidence that implies the occurrence of the crime.
• Forensic Evidence: Scientific data such as DNA, fingerprints, or digital footprints.
• Documentary Evidence: Written or recorded materials relevant to the case.
• Digital Evidence: Data from electronic devices, including emails, text messages, and social media activity.

Factors Influencing the Evidential Stage

• Credibility of Witnesses: The reliability and consistency of witness testimonies.
• Admissibility of Evidence: Whether the evidence can be legally presented in court.
• Strength of Forensic Evidence: The conclusiveness of scientific analyses linking the suspect to the crime.
• Existence of Corroborative Evidence: Supporting evidence that strengthens the prosecution’s case.

Public Interest Considerations

• Seriousness of the Offence: More severe crimes are more likely to be prosecuted.
• Level of Culpability: The intent and role of the suspect in the offence.
• Impact on the Community: The effect of the crime on public safety and confidence.
• Age and Circumstances of the Suspect: Factors such as youth, mental health, or coercion.
• Deterrence: The potential for prosecution to deter future offences.

Conclusion: What Evidence Does the CPS Need to Charge?

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