Legal Resources

Legal guidance is prepared by The Crown Prosecution Service nationally. It is supplemented by local and regional guidance within CPS West Midlands.

The Legal Guidance is used as an aid to guide Crown Prosecutors and Associate Prosecutors when making decisions in criminal offences and procedural issues, and is subject to the principles as set out in the Code for Crown Prosecutors, which determine whether a case should be prosecuted.  This document is available in several languages.

Please follow this link to national Legal Guidance

What is the Full Code Test?

The Full Code Test has two stages:

The Evidential Stage

Prosecutors must be satisfied that 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 needed in the public interest.  A case has to pass both stages before the CPS can start or continue a prosecution.

The Code for Crown Prosecutors

All prosecutors follow The Code for Crown Prosecutors, which is a public document issued by the Director of Public Prosecutions.

In most cases the CPS now decides whether a person will be charged with a criminal offence, and what this charge should be. Crown Prosecutors look at all the information about a case which has been given to them by the police. They then decide whether there is enough evidence against the defendant to provide a realistic prospect of conviction and whether it is in the public interest to bring that person to court.

We are responsible for:

  • advising the police on cases for possible prosecution
  • reviewing cases submitted by the police and deciding on the charge
  • preparing cases for court
  • prosecuting cases at both the Crown Court and magistrates' courts

The decision to charge

CPS Prosecutors work closely with police officers; reviewing the evidence gathered throughout the investigation and advising on the case.  They are then responsible for deciding whether a person should be charged with a criminal offence and, if so, determining what that charge should be.

Involving the CPS in criminal investigations at the earliest opportunity will help to ensure that all the necessary evidence is obtained before a suspect is charged.  This will enable us to build a stronger prosecution case and determine the correct charge right from the outset.

We will also be in a position to identify those weak cases without a realistic prospect of conviction and make sure they are not pursued. Weeding out these cases as soon as possible will avoid unnecessary waste of police, CPS and court time.

The decision to prosecute

After the police have investigated a crime and passed the papers to the CPS, our lawyers carefully review the evidence to decide whether or not to go ahead with the case.

Crown Prosecutors are responsible for deciding whether a person should be charged with a criminal offence and, if so, what that offence should be.

Find out more about The Code for Crown Prosecutors