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UNIT 3 2.1, The Threshold Test, The Public Interest Test, Crown…
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The Threshold Test
If not everything on evidential test is passed there is a way to still prosecute this is called the threshold test which has 5 conditions.
1) There must be reasonable grounds to believe the suspect committed the offence for example they were seen near where the crime took place around the same time the crime took place.
2) There must be reasonable grounds to believe the further evidence can be obtained that will provide something concrete to get an conviction in court. For example an DNA or any other type of forensic evidence that may have been not found due to looking in the wrong place or being to small etc.
3) The crime is serious enough that the suspect can be charged immediately but there must be justification. For example linked to a murder or worst an terrorist attack, basically any crime that harms society physically, mentally or economically such as murder and terrorism.
4)There must be substantial grounds to object the bail for example the judge could see the crime in hand as way too dangerous/risky to be able to roam free due to interfering with witnesses or going on the run these are but a few examples. Plus if they have in the pass committed the crime or others this is also a valid reason for denying bail.
5) It must be in the public's interest to charge suspect especially in cases that have affected multiple people within the community crimes such as arson ,vandalism, hate crimes and even major crimes such as murder.
The Public Interest Test
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Once the CPS have found the evidence to be admissible, reliable and credible, then they must consider whether the prosecution is in the interest of the public.
The more serious the offence the likelihood the suspect is to be prosecuted. Which means the public will have more interest in the case and help and side with the prosecution with the case. If this is not the case and it's a tame crime then prosecution may not try as hard as its not in the public eye.
Suspect’ level of culpability means the level of responsibility/blame of a suspect will increase the possibility of them being prosecuted
This depends on different questions such as what the crime was?
whats there background? any previous convictions that are similar to the crime? etc
The more vulnerable the victim, the more likely a prosecution is required: The suspect exploited the victim, The suspect exploited the victim and Offence may have been motivated by prejudice.
Age and Maturity is important in these cases as the younger the suspect, the less likely they are to be prosecuted due them being seen as innocent and scared children which no person could see as a killer and do other serious crimes. There are a few cases where the public do call for prosecution such as the James Bulgar case. The CPS will need to think of the welfare of those under 18 and try to keep them out of the criminal justice system as much and where possible.
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Evidential Test
The Full Code Test
Is a two stage test that is done every time before a charge as it determines if charging decision happens by the police and the CPS.
Admissible: Evidence is admissible if it relates to the facts in issue/crime or to circumstances that make those facts possible or impossible and has been properly obtained. Reliable: Evidence is reliable if the same tests carried out on the piece of evidence multiple times and the same results such as DNA show up this makes it reliable. Credible: Evidence is credible when evidence is more believable maybe not true completely but is close enough to use in court and tell to the jury.
Prosecutors must be happy with the level of evidence in the case as this makes the case more secure the more evidence there is, which can lead to an more likely conviction.
Any cases not matter the severity that does not pass the evidential test isn't allowed to proceed to court. For example Stephen Lawrence case.