How do the CPS Decide if they will Charge a Suspect?

Rhys Rosser • January 26, 2025

The Code for Crown Prosecutors is a public document issued by the Director of Public Prosecutions (DPP). It sets out the principles that Crown Prosecutors must follow when deciding whether to charge a suspect and proceed with a prosecution. The Crown Prosecution Service (CPS) applies this code to ensure fair and consistent decision-making in criminal cases.

When deciding whether to charge a suspect, prosecutors apply the Full Code Test, which consists of two key stages:


Evidential Stage – The prosecutor must determine whether there is sufficient evidence to provide a realistic prospect of conviction. This means:

  • The evidence must be admissible in court.
  • The evidence must be reliable and credible.
  • There must be no other material that undermines the case.


Public Interest Stage – If the evidential test is met, the prosecutor must then consider whether a prosecution is in the public interest. Factors include:

  • The seriousness of the offence.
  • The impact on the victim.
  • Whether prosecution is proportionate to the circumstances.


In cases where a suspect poses a serious risk but the evidence is still being gathered, prosecutors may apply the Threshold Test. This allows a suspect to be charged if:


  • There are reasonable grounds to believe further evidence will become available.
  • The suspect is likely to commit further offences or fail to appear in court.


It is important to ensure the CPS are in possession of information which supports the decision not to charge a suspect. This is known as Pre-charge engagement, this is a voluntary process that allows suspects, their legal representatives, and investigators to communicate before formal charges are brought. It takes place after the first police interview under caution but before a charging decision is made by the Crown Prosecution Service (CPS).


The process aims to:

  • Clarify facts and assist investigators in understanding the case.
  • Identify new lines of enquiry that could support or challenge the allegations.
  • Allow suspects to provide evidence that may influence the charging decision.
  • Encourage early resolution of cases, potentially avoiding unnecessary prosecutions.


Changes to legal aid funding in October 2022 expanded the scope of pre-charge engagement, allowing legal representatives to claim for preparatory work even if no formal agreement is reached. This ensures suspects receive proper legal advice before engaging with investigators.

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