Pre-Charge Representations | Criminal Prosecutions
The commencement of a prosecution alleging any form of criminal activity carries enormous responsibility given that, at that point, the proposed defendant(s), whether individual(s) or corporate, are entitled to be regarded as innocent and the consequences of simply commencing a prosecution may well result in immediate adverse consequences, such as attracting the attention of the press.
With these considerations, it is essential that the correct defendant is charged with the appropriate offence and that the evidence available is supportive.
Accordingly, there exists ‘The Code for Crown Prosecutors’, (‘the Code’) for which the Director of Public Prosecutions, as head of the Crown Prosecution Service (‘the CPS’), is responsible and which sets out detailed guidance for those empowered to decide whether or not a prosecution should be commenced.
The Code for Crown Prosecutors
Whilst the Code is, in general terms, directed towards CPS prosecutors, it is also followed by other prosecutors either as the result of convention or direction by law.
Before proceedings can be commenced, the two stages which constitute the Code, known as the Full Code Test (‘the FCT’) have to be passed which are:
- the Evidential Stage; and
- the Public Interest Stage.
There are exceptional cases where the ‘Threshold Test’ may apply, where the FCT is not met and where there exist extremely serious circumstances allowing, for example, the immediate refusal of bail for the defendant.
The Evidential Stage
Prosecutors have to believe that the evidence available and which can be presented to the court is sufficient to establish a realistic prospect of conviction against each defendant on each charge.
When considering the strength of the evidence the Prosecutors will consider, inter alia:
- the nature of the Defence case (if known) and the extent to which it may affect the prospects of conviction,
- the admissibility of the evidence and whether there may be grounds for a court not to accept it,
- the reliability, accuracy and credibility of all the evidence,
- whether or not further potential evidence may be available which may be pertinent.
If this Evidential Stage is not satisfied, a charge cannot be proceeded with at that time.
The Public Interest Stage
Once Prosecutors are satisfied that the Evidential Stage has been met, they must consider whether it is in the Public Interest to proceed with a prosecution rather than seek resolution by way of an out-of-court disposal.
When considering Public Interest Prosecutors have regard to:
- the seriousness of the offence,
- the level of culpability of the suspect,
- the circumstances of and the harm caused to the victim,
- the suspect’s age and maturity at the time of the offence,
- the impact on the community,
- whether a prosecution provides a proportionate response,
- the protection of any sources of information.
How Can We Assist?
The Team at Kangs Solicitors regularly assists clients facing investigations by prosecuting authorities, including those investigating alleged criminal misconduct.
As may be appropriate our Team will:
- attend whatever meetings may become necessary,
- examine any pre-charge material served and advise how to respond to it,
- conduct negotiations with any investigating authority, if considered potentially constructive,
- seek further documentary evidence as considered pertinent,
- prepare such Pre-Charge Representations as may be required.
Who Should I Contact?
If we can be of assistance get in touch using the contact details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
