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They should regularly assess the evidence gathered to ensure the charge is still appropriate and that continued objection to bail is justified.The Full Code Test must be applied as soon as reasonably practicable and, in any event, before any custody time limits expire.
They must balance factors for and against prosecution carefully and fairly, decide how important each factor is in the circumstances of the case and make an overall assessment.
Each case is unique and must be considered on its own facts and merits.
Youth out-of-court disposals are intended to prevent reoffending, but further offending indicates that attempts to divert the youth from the court system have failed.
It is usually in the public interest to prosecute in such cases, unless there are clear public interest factors against prosecution.
This is a two-stage test which must be applied each time a charging decision is made, whether it is made by the police or the – the evidential stage and the public interest stage.
The evidential stage must be met before the public interest stage can be considered.
The prosecution process generally begins from the point when a crime is reported to the police.
Evidence is then gathered to establish what actually happened and who was involved, and statements are taken from witnesses to support the evidence.
This module describes the relationship between police and the Crown Prosecution Service ( In a criminal case, if there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge, a decision to charge is made.
Depending on the type and seriousness of the offence committed, this decision is made by the police service or the Crown Prosecution Service ( may require further evidence to be obtained before a charging decision can be made, or to strengthen the case to secure a successful outcome.