Prosecution or simple caution?
Officers apply the ‘Full Code Test’ to determine whether a prosecution or caution is appropriate and proportionate. This test, described in the Code for Crown Prosecutors, consists of two stages: the evidential stage; followed by the public interest stage. A caution or prosecution will only be progressed when the case has passed both the evidential test and the public interest test.
Evidential Stage. Officers and prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.
Public Interest Stage. In every case where there is sufficient evidence to justify a prosecution, officers and prosecutors must go on to consider whether a prosecution is required in the public interest. A prosecution will usually take place unless the officer or prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour. In some cases, the officer or prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution.