The Code for Crown Prosecutors

In January 2006 sole responsibility for charging criminal suspects transferred from the police to the Crown Prosecution Service (CPS), in all but the most minor and straightforward cases.

CPS prosecutors work closely with police officers, reviewing the evidence gathered throughout the investigation and advising on the case. It is the responsibility of the prosecutor to decide whether a person should be charged with a criminal offence and, if so, to determine what that charge should be.

Prosecutors give advice to police officers across the South West on the appropriate charges to bring against a defendant. They also advise the police on what further lines of enquiry they should pursue and the evidence they should obtain to ensure that the most robust cases are built from the outset.

When making these decisions, prosecutors follow a strict Code for Crown Prosecutors. The Code has two stages:

The evidential stage: Prosecutors must be satisfied there is enough evidence to provide a realistic prospect of conviction against each defendant on each charge. If a case does not pass the evidential stage it will not go ahead, no matter how important or serious it may be.

The public interest stage: If the case passes the evidential stage, prosecutors then decide whether a prosecution is in the public interest.

A case has to pass both stages before the CPS can start or continue a prosecution.

Involving the CPS in criminal investigations at the earliest opportunity helps make sure all the necessary evidence is obtained before a defendant is charged and that the correct offence is determined.

The prosecutor is also in a position to identify weak cases without a realistic prospect of conviction and make sure they are not pursued, only to be discontinued once at court due to insufficient evidence.