When the police investigate an alleged offence, a charge is not simply the next automatic step. In many serious or complex cases in England and Wales, the police send a case to the Crown Prosecution Service (CPS), where a prosecutor decides whether criminal proceedings should begin. That decision is governed by the Code for Crown Prosecutors and the Director’s Guidance on Charging, not by whether an allegation sounds serious or whether someone has been arrested.
The CPS charging decision explained in plain English comes down to two main questions: is there enough evidence for a realistic prospect of conviction, and is prosecution required in the public interest? Both normally have to be satisfied under the Full Code Test.
Who actually decides whether you are charged?
The CPS does not make every charging decision. Police can charge certain cases themselves, while prosecutors make decisions in more serious or complex matters and other cases that must be referred. The police investigate, gather evidence and pursue reasonable lines of inquiry. Prosecutors then review the material supplied and apply the legal test independently.
The CPS evidential test comes first
Under the Full Code Test, prosecutors must first be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each proposed charge. In practical terms, the prosecutor asks whether an objective, impartial and reasonable court, properly directed according to law, is more likely than not to convict on the evidence available.
That is not the same as deciding that the suspect is guilty. Nor is it the same standard the court applies at trial, where guilt must be proved so that the court or jury is sure. The CPS evidential test is a pre-trial assessment of whether the case is strong enough to justify prosecution.
What evidence does the prosecutor examine?
The prosecutor looks beyond the headline allegation. They consider whether important evidence is likely to be admissible in court, whether it is reliable, whether witnesses or other evidence are credible, and whether any other material could weaken or strengthen the case. They must also consider a likely defence and relevant information put forward by the suspect.
For example, suppose CCTV places a suspect near the scene of an assault, but the footage does not clearly show who committed it. A witness identifies the suspect, yet their account conflicts with timestamps from another camera. The prosecutor must assess the whole picture rather than treating each prosecution point in isolation. If further reasonable inquiries could resolve the conflict, more investigation may be needed before a final Full Code Test decision.
What happens if the evidence passes?
Passing the evidential stage does not automatically mean a prosecution will follow. The prosecutor must then apply the public interest test CPS decision-makers are required to consider. A prosecution will usually take place once there is sufficient evidence unless public-interest factors against prosecution outweigh those in favour.
Relevant factors can include the seriousness of the offence, the suspect’s level of culpability, the circumstances of and harm caused to the victim, the suspect’s age and maturity, the effect on the wider community, whether prosecution is proportionate, and whether sensitive sources of information need protection.
Does the victim decide whether charges are brought?
No. The victim’s views and the impact of the offence are relevant, but the CPS prosecutes on behalf of the public rather than acting as the victim’s personal lawyer. A victim asking for charges does not guarantee prosecution, and a victim who no longer wants a case to continue does not automatically end it. Prosecutors still assess the available evidence and the overall public interest.
The Threshold Test is a limited exception
Sometimes an immediate charging decision is considered before the evidence is ready to satisfy the Full Code Test. The Threshold Test exists for a limited range of cases where the seriousness or circumstances justify an immediate charge and there are substantial grounds to object to bail.
All five conditions must be met. In summary, there must be reasonable grounds to suspect the person committed the offence; further identifiable evidence must reasonably be expected to create a realistic prospect of conviction within a reasonable period; the case must justify an immediate charge; there must be continuing substantial grounds to object to bail; and charging must be in the public interest.
A Threshold Test charge is not the end of the assessment. The case must remain under review, and the Full Code Test must be applied as soon as the anticipated further evidence or material is received.
What decisions can follow a CPS review?
Depending on the evidence and circumstances, a prosecutor may authorise a charge, select a different or more appropriate charge, ask for further investigative work, decide that the evidential test is not met, or conclude that prosecution is not required in the public interest. In suitable cases, an out-of-court disposal may be considered instead.
The crown prosecution service process also continues after charge. Prosecutors review cases as they develop. New evidence, unused material, a clearer defence case or other changes can lead to charges being amended or a prosecution being stopped. A charging decision is therefore important, but it is not a finding of guilt and is not always irreversible.
Suggested internal links: understanding criminal charges; what happens after a criminal charge; police bail and release under investigation.
FAQ
How long does a CPS charging decision take?
There is no single timetable for every case. Timing depends on complexity, the completeness of the police file, outstanding inquiries, custody or bail issues and the type of offence. Missing evidence or requested investigative work can delay a final decision.
Can the CPS charge you if the victim withdraws support?
Potentially, yes. Prosecutors consider whether there remains sufficient admissible evidence and whether prosecution is in the public interest. Some cases can proceed using evidence other than the victim’s live testimony, although this depends on the individual circumstances.
Can the CPS change its mind after saying no charge?
Usually people should be able to rely on a decision not to prosecute, but the Code allows reconsideration in limited circumstances, including some serious cases or where significant new evidence becomes available.
Does a CPS charge mean you will be convicted?
No. A charge means the prosecution test has been met at that stage. Guilt is decided by the court, and the prosecution must prove the case to the criminal standard required at trial.
What the charging decision really means
CPS charging is a structured legal assessment, not a prediction based on accusation alone. Prosecutors examine the strength and quality of the evidence, consider the likely defence, apply public-interest factors and choose charges that fairly reflect the alleged offending. The Threshold Test can be used only in limited circumstances and remains subject to continuing review.
If you are personally under investigation, this framework can help you understand the process, but the strength of a particular case depends on its evidence, possible defences and procedural history. Advice from a criminal defence solicitor who can consider the actual facts is the appropriate way to assess an individual charging situation.