The Full Code Test — The Evidential Stage
A prosecutor must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction — meaning that an objective, properly directed jury or magistrates' court would be more likely than not to convict the defendant. A case that does not meet this standard should not proceed to charge. In assessing the evidence, prosecutors must consider not only what the prosecution can prove but also the likely defence and how it would be received by a court. A realistic assessment of the defence case — including any explanation provided during interview or through pre-charge engagement — must be taken into account.
The Full Code Test — The Public Interest Stage
If the evidential stage is met, the prosecutor must consider whether a prosecution is in the public interest. Factors that may weigh against prosecution include the minor nature of the offending, the age or health of the suspect, the time that has passed since the offence, whether the suspect has already been dealt with in another way, and the likely impact of a prosecution on the suspect and others. The public interest test is not a rubber stamp — it is a genuine assessment, and in many cases provides a meaningful basis on which to argue against a charge.
The Threshold Test
In exceptional circumstances where a suspect presents a substantial bail risk and the full evidence is not yet available, the Threshold Test may be applied. This allows a temporary charge to be brought on the basis of what is known at the time, provided it is anticipated that the Full Code Test will be met once further evidence has been gathered. Charges brought under the Threshold Test must be reviewed and confirmed against the Full Code Test as soon as practicable.
Reasonable Lines of Enquiry
A central obligation under the Charging Guidance is the requirement for investigators to pursue all reasonable lines of enquiry, including those that point away from the suspect. This reflects the principle that the police are investigators, not advocates. Where an officer has focused exclusively on incriminating material and ignored evidence that supports the suspect's account, that failure can be raised in pre-charge representations — either directly to the officer or to the CPS before any charging decision is made.
What to Do if You Are Awaiting a Charging Decision
If your case has been submitted to the CPS or is under consideration for charge, the period before the decision is made is the most important window for intervention. Representations can be submitted to the CPS directly, challenging the evidential sufficiency of the case, highlighting gaps in the investigation, or arguing that prosecution is not in the public interest. Where a case is weak or clearly does not meet the Charging Standard, early engagement by a specialist solicitor can bring matters to a conclusion more quickly and spare the suspect the prolonged uncertainty and reputational impact of an unresolved investigation.