Standard 2: Charging decisions

2.1   We make decisions whether to charge a suspect in more serious or complex cases. In making decisions, we apply the tests and guidance set out in the Code for Crown Prosecutors. The detailed procedures followed by the police and prosecutors are described in The Director's Guidance on Charging.

2.2   We aim to make our decision and inform the police or other investigator within agreed strict time periods.

2.3   We record the reasons for the charging decision, how the prosecution will put its case at court and how any weaknesses or likely defences will be dealt with. We also set out any further work that is required, including:

a)  what specific additional evidence should be sought to strengthen the case, or to support applications for ancillary orders such as Anti-Social Behaviour Orders or Restraining Orders;

b)  whether the case is suitable for confiscation of the defendant's assets so that the police can begin the necessary work in good time;

c)  what evidence the advocate at court should seek to have agreed by the defence to avoid the unnecessary attendance of witnesses;

d)  finding out if there are any specific needs of witnesses and, if already known, outlining how they will be met, including what special measures are needed to enable vulnerable or intimidated witnesses to give their evidence effectively;

e)  what evidence will require the court's permission to use it (for example bad character evidence and hearsay evidence) if the defendant pleads not guilty at court; and

f)  what information that is already available should be included on schedules of unused material.

2.4   Where it is considered that it would be helpful in assessing the reliability of a witness's evidence or in better understanding complex evidence, an appropriately trained and authorised prosecutor should conduct a pre-trial interview with the witness in accordance with the relevant Code of Practice.

2.5   We also:

a)  set out whether bail should be opposed and, if so, the reasons, or, if appropriate, what conditions the advocate should ask the court to impose;

b)  indicate whether, if bail is granted in spite of prosecution objections, there is a right of appeal and whether the advocate should use it;

c)  identify whether the case is suitable to ask the magistrates to deal with it, or is so serious that the advocate should ask the magistrates to commit it to the Crown Court;

d)  outline any acceptable alternative guilty pleas, or basis of plea, taking care to ensure that the court can pass a sentence that matches the seriousness of the offending, particularly where there are aggravating features; and

e)  identify any orders that the advocate should ask the court to make in addition to sentencing the defendant.

2.6   Where the decision is not to charge, the prosecutor outlines which elements of the offence cannot be proved, the reasons for this, or, where appropriate, why a prosecution is not required in the public interest.