Following the sad death of Caroline Flack, it has been widely reported that she committed suicide and police sources have confirmed that no one else is being sought in relation to her death.
Since then, much publicity has followed in relation to what led Miss Flack to feel that this was her only option.
It was widely reported that Miss Flack was charged with assaulting her partner and appeared at Highbury Corner Magistrates’ Court in December 2019 when she pleaded not guilty and her case was adjourned for Trial in March 2020.
Miss Flack was on conditional bail not to contact her partner Lewis Burton who did not support the prosecution and stated that Miss Flack had not assaulted him.
Questions have been raised over the conduct of the Crown Prosecution Service (‘CPS’) and, although the CPS will not comment on individual cases, a Press Release has been issued providing information regarding its charging practices and codes.
The CPS Code for Prosecutions | Kangs Legal Procedures Advisory Team
It is the role of the Prosecution to decide whether a person should be charged with a criminal offence and, if it decides to do so, what that offence should be.
In making that decision the Prosecutor will consider a two stage test:
- The Evidential Test – that there is sufficient evidence to provide a realistic prospect of conviction;
- The Public Interest Test – that the prosecution is required in the public interest taking into account such factors as the seriousness of the offence, the level of culpability of the suspect, circumstances and harm caused to the victim, the suspect’s age and maturity and impact on the community.
Prosecution Not Supported By The Alleged Victim | Kangs Defence Team
There are occasions when a prosecution continues when the ‘victim’ does not support the continuance of a prosecution and even retracts any statement or withdraws support. In such circumstances it is for the police to establish the reason and to pass this information to the Prosecutor.
A charge may proceed to trial, without the Court hearing evidence from the ‘victim’ relying upon evidence such as:
- 999 call;
- Officers body worn footage from the scene;
- Third party witnesses;
- Admissions made in interview.
If the Prosecution is of the opinion that, even without the ‘victim’ attending Court, there remains credible evidence that will pass the evidential test, the prosecution may still continue.
How Can We Assist? | Kangs Criminal Defence Solicitors
The award-winning team at Kangs Solicitors is led by Hamraj Kang who is the winner of the Legal 500 Award for ‘Criminal & Fraud Individual Solicitor of the Year 2020’, and has many years experience supporting clients through investigations and court proceedings.
Should you find yourself under investigation or charged with any criminal offence please do not hesitate to contact our team through any of the following: