Victims Walkthrough - Will it go to court?
The Crown Prosecution Service
When a suspect is charged with a criminal offence he or she then becomes known as the defendant. The police forward the case file, which includes witness statements and other evidence, to the Crown Prosecution Service.
The CPS is the independent public authority responsible for prosecuting people in England and Wales who have been charged by the police with a criminal offence. The CPS is responsible for how the case should be conducted, which includes deciding whether the prosecution should continue.The CPS prosecutes on behalf of the public at large and not just in the interests of one person.
The prosecutor will read the papers in the file and consider the two tests laid down in the Code for Crown Prosecutors, which sets out the basic principles that Crown Prosecutors must follow when making prosecution decisions.
Deciding whether to Prosecute
They must first decide whether or not there is enough evidence against the defendant for a realistic prospect of conviction. This means that the magistrates or jury are more likely than not to convict the defendant of the charge alleged. If there is not a realistic prospect of conviction, the case must not go ahead, no matter how important or serious it may be.
If the prosecutor decides that there is a realistic prospect of conviction he or she must then consider whether it is in the public interest to prosecute the defendant. While the public interests will vary from case to case, broadly speaking the more serious an alleged offence the more likely it will be that a prosecution is needed in the public interest.
On the other hand a prosecution is less likely to be needed if for example a court would be likely to fix a minimal or token penalty or the loss or harm connected with the offence was minor and the result of a single incident.
If a Crown Prosecutor decides that a prosecution should not go ahead, the case will be stopped, usually by what is called 'discontinuance'. Unless there are special circumstances which mean that it is not appropriate to do so, you will be told the reasons for the decision to stop the case.
The Interests of the Victim
It is the duty of every Crown Prosecutor to make sure that the right person is prosecuted for the right offence. In doing so, Crown Prosecutors must always act in the interests of justice and not only for the purpose of obtaining a conviction.
The interests of the victim are an important factor and, when considering the public interest, Crown Prosecutors will always take into account the consequences for the victim of the decision whether or not to prosecute and any views expressed by the victim or victim's family.