Читать книгу Criminal Law - Mark Thomas - Страница 38

Following the alleged commission of the offence and any investigation thereafter, if there is sufficient evidence against the individual suspected of committing the offence, that individual will be ‘charged’. The decision to charge a suspect rests, largely, with the CPS. In order for a suspect to be charged, the ‘Full Code Test’ must be satisfied. The Full Code Test is provided under section 4 of the Code for Crown Prosecutors and is set out in two parts. The Code states that the individual or body considering a charge must be satisfied that:

(a) there is sufficient evidence to provide for a realistic prospect of conviction (known as the evidential stage); and

(b)it is in the public interest to prosecute (known as the public interest stage).

If the relevant officer is content that the Full Code Test has been met, he or she may proceed to charge the suspect with an offence. See the fascinating case of SXH v CPS [2017] UKSC 30 in which the Supreme Court had to consider whether it was a breach of Article 8 of the ECHR (right to private life) to prosecute an individual for a criminal offence.