How Does The CPS Decide to Charge You With An Offence ?

By Michael Thompson, Founder of the Falsely Accused Network

In the England and Wales, the Crown Prosecution Service (CPS) is the body responsible for deciding whether a person is charged with an offence. This is particularly important in sexual offence cases, where the police will send their evidence to the CPS for a charging decision. Understanding this process is crucial for anyone facing allegations, as it can help you prepare an effective defence strategy.

The Evidential Stage

The first step in the CPS decision-making process is to assess whether there is enough evidence to support a charge. The CPS will only proceed if there is a "realistic prospect of conviction," meaning the evidence must be sufficient to make a conviction likely if the case went to court.

However, this doesn't mean that being charged guarantees a conviction. Working with specialist defence lawyers can help you challenge and undermine the evidence effectively.

Key considerations during the evidential stage include:

Quality of evidence: The CPS evaluates whether the evidence is reliable, credible, and sufficient to meet the threshold for a criminal trial. Evidence that initially seems credible may be undermined by material provided by the defence.

Witnesses and statements: They assess the credibility of witnesses and the reliability of statements made by the defendant or others.

Physical evidence: Forensic evidence, CCTV footage, documents, and other materials are examined thoroughly.

Potential defences: The CPS considers possible defences the suspect may have that could undermine the prosecution case. This is where pre-charge engagement can make a significant difference. If we can challenge the evidence presented by the police, the reliability, credibility, or sufficiency may not meet the required test.

If the CPS decides there isn't enough evidence to proceed, they will not charge the suspect. When supporting clients at this early stage, our aim at the Falsely Accused Network is to achieve this outcome.

The Public Interest Stage

If there is sufficient evidence to proceed, the CPS then considers whether it's in the public interest to prosecute. In sexual offence cases, it's almost always deemed in the public interest to prosecute. This stage involves broader judgment based on factors such as:

Seriousness of the offence: More serious crimes are more likely to be prosecuted than minor offences.

Impact on the complainant: The effect of the alleged crime on the complainant, including whether they support prosecution.

Defendant's background: The age, health, or vulnerability of the defendant may be considered, along with their criminal history.

Likelihood of reform: Whether prosecution will help rehabilitate the defendant or serve as a deterrent.

Public confidence: The need to maintain public confidence in the criminal justice system. Prosecuting certain offences may be important to demonstrate that such behaviour will not be tolerated.

If the CPS determines that prosecuting would serve the public interest, they will proceed with a charge.

Special Considerations

In some cases, the CPS may consult with police, complainants, or experts before making a decision. Youth cases may involve the Youth Justice Board (YJB), which can advise on alternatives to standard court proceedings.

For certain serious sexual offences, the CPS may need additional time to gather evidence or consult specialists such as forensic experts, which can delay investigations.

What Happens When Evidence Is Insufficient?

If the CPS finds there isn't a realistic prospect of conviction, they may decide not to charge. This could be due to:

Unreliable or inconclusive evidence: Witness statements that aren't credible, inconclusive forensic evidence, or insufficient evidence to meet legal requirements.

Defence representations: Material provided by the defence team through pre-charge representations can significantly influence the decision not to prosecute. Building a strong defence at this early stage to undermine evidence is crucial to prevent future prosecution.

Conflicting evidence: Major inconsistencies can undermine the likelihood of conviction. Identifying and highlighting these inconsistencies to the reviewing lawyer can be effective.

Public Interest Factors Against Prosecution

Even with sufficient evidence, there might be reasons not to charge:

Complainant reluctance: In cases where the complainant doesn't wish to support prosecution, especially in domestic violence cases, the CPS would consider this while prioritizing the complainant's safety and welfare.

Defendant vulnerability: If the defendant is very young, elderly, or vulnerable, and the offence is minor, alternatives like rehabilitation or diversionary programs may be more appropriate.

Benefits of diversion: Sometimes diversionary measures are more beneficial than prosecution, especially for one-off, non-serious incidents where prevention of further offending is the goal.

How to Avoid Being Charged With an Offence

The CPS will only proceed with a charge if both the evidential test and the public interest test are satisfied. If either test fails, they may decide not to charge or to discontinue the case. This process ensures prosecutions are only brought when there's enough evidence and when it serves justice.

As founder of the Falsely Accused Network, I want to emphasize that suspects don't have to passively wait for police to gather evidence or for the CPS to make decisions. You can proactively challenge the strength of a case at the pre-charge stage.

We advocate and strongly suggest you make contact with a criminal law solicitor (we know an excellent firm)who specialises in false allegations of domestic abuse and sexual offences to do pre charge representations. They can develop tailored action plans, gathering defence evidence and implementing strategic approaches to case progression, including careful management of police interviews. This early intervention can significantly impact your future.

If you've been accused of an offence, particularly domestic abuse, seeking professional legal advice immediately is crucial. Understanding the CPS charging process and how to navigate it effectively can make all the difference to the outcome of your case.

Contact The Falsely Accused Network

For support and advice if you've been falsely accused, contact the Falsely Accused Network for information on how we can help you avoid charges and protect your future.

Website - falselyaccusednetwork.co.uk

Email - support@falselyaccusednetwork.co.uk