The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. The CPS is independent, and they make their decisions independently of the police and government.
duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to justice wherever possible.
The CPS:
Prosecutors must be fair, objective and independent. When deciding whether to prosecute a criminal case, their lawyers must follow the Code for Crown Prosecutors. This means that to charge someone with a criminal offence, prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction, and that prosecuting is in the public interest.
The CPS works closely with the police, courts, the Judiciary and other partners to deliver justice.
The Code for Crown Prosecutors sets out the basic principles to be followed by Crown Prosecutors when they make case decisions. The decision on whether or not to charge a case against a suspect is based on the Full Code Test as outlined in the Code. The Full Code Test has two stages:
This is the first stage in the decision to prosecute. Crown Prosecutors must be satisfied that there is enough evidence to provide a "realistic prospect of conviction" against each defendant on each charge. They must consider whether the evidence can be used and is reliable. They must also consider what the defence case may be and how that is likely to affect the prosecution case.
A "realistic prospect of conviction" is an objective test. It means that a jury or a bench of magistrates, properly directed in accordance with the law, will be more likely than not to convict the defendant of the charge alleged. (This is a separate test from the one that criminal courts themselves must apply. A jury or magistrates' court should only convict if it is sure of a defendant's guilt.) If the case does not pass the evidential stage, it must not go ahead, no matter how important or serious it may be.
If the case does pass the evidential stage, Crown Prosecutors must then decide whether a prosecution is needed in the public interest. They must balance factors for and against prosecution carefully and fairly. Some factors may increase the need to prosecute but others may suggest that another course of action would be better.
A prosecution will usually take place however, unless there are public interest factors tending against prosecution which clearly outweigh those tending in favour. The CPS will only start or continue a prosecution if a case has passed both stages.
They will prosecute independently, without bias and will seek to deliver justice in every case.
They will explain their decisions, set clear standards about the service the public can expect from us and be honest if they make a mistake.
They will respect each other, their colleagues and the public they serve, recognising that there are people behind every case.
They will work as one team, always seeking new and better ways to deliver the best possible service for the public. They will be efficient and responsible with tax-payers' money.