Standard 2

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.

2.1. 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.

The Director's Guidance on Charging also tells you what we do.

You can read The Director's Guidance on Charging on our website.

2.2. We decide if it is right to charge a person with a crime. We have to do this within a time limit.

2.3. We write down the reasons for our decision.

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:

a. What evidence we need to find to make our case stronger.

b. If the defendant made a lot of money from the crime and we need to go to court to get the money back.

c. 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.

d. How to make sure that victims and witnesses who are scared, or have special needs, are able to give their best evidence.

e. 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.

f. A list of the evidence that we have that we won't use in the court case.

2.4. 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.

2.5. We also write down:

1. If we think the person charged with the crime should stay in prison until their trial.
2. If the court lets the person out of prison before the trial when we have asked them not to, we say if we will ask them to think again (appeal).
3. Or, if they are let out of prison what rules should be put in place to keep people safe (conditional bail).
4. If we think a case should be heard at a Magistrates' court.
5. If we think the crime is very bad the Prosecutor can ask the magistrate to send the case to the Crown Court.
6. 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).
7. Sometimes a person will say that they didn't do the crime we charged them with, but they did do a different crime.
8. We have to say if we will change the charge.
9. 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.
10. When we decide not to charge a person with a crime we also write down the reasons for the decision.
11. We say what parts of the crime cannot be proved and why this is.
12. If we think it is not right to prosecute in the Public Interest we say why.