Standard 4
Make the right charging decisions
When someone is accused of a crime we decide whether there is enough evidence to charge them. We will do our best to make the right decisions. We will follow The Code for Crown Prosecutors.
4.1. We decide if it is right to charge a person with a crime. The police do this in some simple cases.
We use the tests in The Code for Crown Prosecutors to help us make the decision.
You can read The Code for Crown Prosecutors on our website.
4.2. Sometimes we speak to witnesses before the court case. These are called Pre-trial Witness Interviews.
This can help us decide if their evidence is strong.
When we speak to witnesses before a court case we follow the rules.
The rules for Pre-Trial Witness Interviews are made by the Director of Public Prosecutions.
4.3. We decide if it is right to charge a person with a crime. We have to do this within a time limit.
4.4. When we make a decision we write a decision notice.
In the decision notice we write down:
- The reasons we made the decision.
- What we will say when we tell the court about the crime.
- What we think the defence lawyers will say to defend the person charged with the crime.
- How we plan to defeat the defence lawyers.
We also write down any work we need to do. This can be things like:
- What evidence we need to find to make our case stronger.
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What evidence the prosecutor and defence lawyer can agree about.
If the prosecutor and defence lawyer can agree about a witness's evidence the witness will not have to appear in court. 
How to make sure that victims and witnesses who are scared, or have special needs, are able to give their best evidence.- Some evidence needs special treatment.
Things like evidence about someone being a bad person or hearsay.
Hearsay evidence is information given by one person who heard it from someone else. The person giving the evidence did not see the crime happen.
If the prosecutor wants to use this type of evidence they have to ask the court if they are allowed to.
This type of evidence is only needed if the person charged with the crime says they didn't do it.
4.5. In the decision notice we also write down:
If we think the person charged with the crime should stay in prison until their trial.
Or, if they are let out of prison what rules should be put in place to keep people safe (conditional bail).
If we think a case should be heard at a Magistrates' court.
If we think the crime is very bad the Prosecutor can ask the magistrate to send the case to the Crown Court.
Sometimes a person is charged with more than one crime. They may say that they did some of the crimes (guilty plea), but not others (not guilty plea).
Sometimes a person will say that they didn't do the crime we charged them with, but they did do a different crime.
We have to say if we will change the charge.- We can only change the crime they are charged with if they will get a punishment that is right for the crime they have done.
- When we decide not to charge a person with a crime we also write a decision notice.
- We say what parts of the crime cannot be proved and why this is.
If we think it is not right to prosecute in the Public Interest we say why.
Next page: Standard 5. Challenge bail for dangerous people.
Glossary
- Charge
- A charge is made when the Crown Prosecution Service say that they think a person has done a crime and should go to court.
The court will decide if there is enough evidence to show that the person did do the crime. - The Code for Crown Prosecutors
- The Code for Crown Prosecutors tells you how Prosecutors make a decision about charging someone with a crime.
- Conditional Bail
- Conditional Bail means there are a set of rules you have to keep to if you want to stay out of prison before your trial.
- Court
- A court is a place where decisions are made about the law.
A court listens to evidence and decides if a person has done the crime they are accused of. - Crime
A Crime is something someone has done that breaks the law.- Crown Court
- The Crown Court listens to cases against people who are accused of very bad crimes like killing people or rape.
- Defence Lawyer
Defence Lawyers are people trained in the law who defend the person accused of the crime in court.- Director of Public Prosecutions
- The Director of Public Prosecutions is the head of the Crown Prosecution Service.
The current Director of Public Prosecutions is Keir Starmer. - Evidence
- Evidence is information that makes it clear that something happened.
Evidence can be things like someone saying they saw a crime happen, or blood on a weapon, or who did it. - Guilty Plea
When the defendant pleads guilty they say they did the crime they are charged with.- Magistrate
- Magistrates are trained volunteers who deal with about 95% of the criminal cases in England and Wales.
Magistrates make decisions in magistrates' courts. They usually work in twos or threes (called a bench). They have a legal adviser to help them with the law. - Not Guilty Plea
If a defendant "pleads not guilty" they are saying they didn't do the crime.- Pre-Trial Witness Interview
When a prosecutor talks to a witness before the trial it is called a Pre-Trial Witness Interview.
The prosecutor has to follow the rules for Pre-Trial Witness Interviews.- Prosecutor
- Prosecutors are lawyers who represent the people. Prosecutors speak in court to accuse a person of a crime.
They show the court the evidence they have found.
They do this to protect the public. - Public Interest
- Public Interest are things that matter to everyone.
When Prosecutors think about the Public Interest they think about the things for and against a prosecution.
Some things make Prosecution more likely, things like: bad crime, using a weapon, hurting someone. - Victim
The victim is the person the crime was done to.- Witness
A witness is a person who sees the crime being done, or sees or knows something that shows who did it.
