5. The Threshold Test
Prosecutors will follow the Full Code Test when possible.
Sometimes there is a big risk that a suspect will run away before the trial but there isn't enough evidence to charge them.
In this situation, the Threshold Test might be used.
When can the Threshold Test be used?
The Threshold Test can only be used when all the following things are true.
There is not enough evidence for the Full Code Test.
It is likely that more evidence will be found within a fair amount of time.
The case is serious or complicated so a decision about the charge must be made straight away.- There are very strong reasons why someone should not get bail. Bail is when someone is not locked up before the trial starts.
If the Threshold Test can't be used, then it's up to the police to decide if the person can be kept locked up.
The evidence needed for the Threshold Test
There are two questions about the evidence that are important for the Threshold Test.
- Is there enough information to suggest it was this person who did the crime?
- Is there a good chance a jury will find this person guilty in court (a 'guilty verdict')?
Question 1: Is it likely that this person did the crime?
This is called 'reasonable suspicion'.
The prosecutor must be happy that there is a good chance that this person did the crime.
To decide this, the prosecutor looks at all the information about this case that could be used in court.
Question 2: Is there a good chance of a guilty verdict?
This is called a 'realistic prospect of conviction'.
The prosecutor must think there is a good chance that more evidence can be found, in a fair amount of time.
This extra evidence must make a good case for court and it must clearly suggest this person is guilty.
What the prosecutor must think about
The prosecutor must think about these things to decide about the Threshold Test:
- The new evidence that might be found and what it will mean for the case.
What the charges will be, once all the evidence is gathered.
The reasons why the police don't already have the evidence.- The time needed to get more evidence and if a delay is fair.
What happens next?
If the prosecutor is happy about both questions, then they can trust that the evidence stage has been passed.
Next they move on to the public interest stage. This is explained in the previous section.
Reviewing the Threshold Test
If the Threshold Test is used and someone is charged with a crime, the prosecutor must keep checking the case.
This is called 'reviewing the case'.
The prosecutor must always check that the right decision has been made. They must always check that it is alright to keep someone locked up before a trial.
The Full Code Test must be used as soon as it can be applied properly.
The Full Code Test has to be used when the time limit on keeping someone locked up runs out.
Difficult words
- Bail
Bail is when a defendant is not locked up before the court decides whether they are innocent or guilty. Sometimes there are rules about where someone can live and what they can do while on bail. Sometimes someone has to agree to pay some money if the defendant runs away.- Charge/ Charging
- The charge is the name of the crime that someone does and the law that makes it wrong. The prosecutor normally decides what to charge someone with after the police have arrested them.
- Evidence
- The evidence is the information that proves someone did a crime.
- Guilty/ Guilty Plea/ Guilty Verdict
Someone is guilty if they do a crime. Sometimes people say they did the crime - this is called a 'confession'. If they say this in court it is called a 'guilty plea'. If a jury or a magistrate finds the defendant guilty in court, this is called a 'guilty verdict'.- Realistic Prospect of Conviction
- This means that there is a good chance that the defendant will be found guilty when their case goes to court.
- Reasonable Suspicion
- Reasonable suspicion is having enough evidence to believe that a particular person did the crime.
