The Public Interest Test
Even where the police believe they have sufficient evidence to support a charge, the Crown Prosecution Service must still be satisfied that a prosecution is in the public interest. This is the second stage of the Full Code Test and it can be challenged independently of the strength of the evidence. The public interest stage is particularly significant in cases involving non-violent offences, where restorative justice is a realistic option, or where the suspect has vulnerabilities — including mental health conditions, a lack of previous offending history, or other personal circumstances that reduce the appropriateness of criminal proceedings.
Out-of-Court Disposals
Out-of-court disposals allow cases to be resolved without a trial or a criminal conviction. A Community Resolution is an informal agreement for minor offences — no criminal record, no court appearance. A Simple Caution is a formal warning recorded but not resulting in a conviction. A Conditional Caution includes requirements the suspect must fulfil to avoid prosecution. Deferred prosecution delays criminal proceedings while an individual completes a specified programme — if terms are fulfilled, the prosecution is not pursued. Penalty Notices for Disorder are fixed financial penalties for low-level conduct where payment does not constitute a criminal conviction.
The Charging Standard — Realistic Prospect of Conviction
Before any prosecution can proceed, the CPS must be satisfied that there is a realistic prospect of conviction — meaning that an objective jury or magistrates' court would be more likely than not to convict. Where a case is weak, representations can be made to demonstrate that this threshold has not been met. Investigators are also legally required to pursue all reasonable lines of enquiry, including those that point away from the suspect. Where this obligation has not been fulfilled, those failures can be raised directly with the officer in the case or in representations to the CPS.
What to Do if You Are Under Investigation
If you have been interviewed by the police or are Released Under Investigation, the period before any charging decision is the most important stage of the process. Representations can be submitted to the CPS before it considers whether to charge — either challenging the sufficiency of the evidence or arguing that prosecution is not in the public interest. Do not speak to the police again without a solicitor present. You have an absolute right to legal advice, and engaging specialist representation as early as possible gives the best opportunity to influence the outcome before the case reaches court.