What is the Full Code Test and when is it applied?

The Full Code Test is the test applied by Crown Prosecutors when deciding whether to charge a suspect. It has two stages: the evidential stage (whether there is sufficient evidence to provide a realistic prospect of conviction) and the public interest stage (whether a prosecution is in the public interest). It is applied after the police have completed their investigation and submitted a file to the CPS. If the evidential stage is not met, the case must not proceed, regardless of public interest.

What is the difference between summary only, either way, and indictable offences?

Summary only offences are the least serious (e.g., common assault, driving without insurance) and are tried only in the Magistrates' Court. Indictable offences are the most serious (e.g., murder, robbery) and must be tried in the Crown Court before a judge and jury. Either way offences (e.g., theft, burglary) can be tried in either court; the magistrates decide whether their sentencing powers are sufficient, and the defendant can elect Crown Court trial if they wish.

How does the CPS decide whether to prosecute?

The CPS applies the Full Code Test. First, they assess whether there is enough evidence for a realistic prospect of conviction (evidential stage). If yes, they consider whether a prosecution is in the public interest (public interest stage), weighing factors such as the seriousness of the offence, the suspect's culpability, the impact on the victim, and the proportionality of a prosecution. If both stages are met, they will charge; otherwise, they may offer an out-of-court disposal or take no further action.

What is the role of disclosure in criminal proceedings?

Disclosure is the process by which the prosecution and defence exchange evidence before trial. Under the Criminal Procedure and Investigations Act 1996, the prosecution must disclose any material that might undermine its case or assist the defence (unused material). The defence must provide a defence statement outlining the nature of their case and any alibi. Failure to comply with disclosure duties can lead to adverse consequences, such as the exclusion of evidence or a stay of proceedings.

What are the main sentencing options available to courts?

Courts have a range of sentencing options, including custodial sentences (imprisonment or detention), community orders (with requirements like unpaid work or curfew), fines, and discharges (absolute or conditional). For serious offences, courts may also impose ancillary orders such as restraining orders, confiscation orders, or disqualification from driving. The sentence must be proportionate to the offence and take into account aggravating and mitigating factors, as well as the sentencing guidelines.

How does the appeals process work in criminal cases?

Appeals from the Magistrates' Court go to the Crown Court (against conviction or sentence) or by way of case stated to the High Court (on a point of law). From the Crown Court, appeals against conviction or sentence go to the Court of Appeal (Criminal Division), and then to the Supreme Court on a point of law of general public importance. The prosecution can also appeal against an unduly lenient sentence (under the Criminal Justice Act 1988) or a terminating ruling. Leave to appeal is usually required.

Criminal Law and Public Order

CHARTERED INSTITUTE OF LEGAL EXECUTIVES

vocational

This subtopic covers the essential principles of criminal law, including the elements of criminal liability (actus reus and mens rea), specific offences such as criminal damage, homicide, theft, and inchoate attempts, along with general defences and strict liability crimes. It also introduces public order legislation, focusing on offences against the peace. The knowledge is applied in the context of prosecution procedures, enabling learners to assess criminal conduct and charging decisions.

Learning Outcomes

Assessment Guidance

Key Skills

Key Terms

Assessment Criteria

Assessment criteria

CILEx Level 3 Certificate in Knowledge of Criminal Prosecution Procedures

Topic Overview

The CILEx Level 3 Certificate in Knowledge of Criminal Prosecution Procedures provides a comprehensive understanding of the legal framework governing criminal prosecutions in England and Wales. This qualification covers the entire prosecution process, from the initial investigation and charging decisions through to trial, sentencing, and appeals. It is essential for paralegals, legal executives, and other legal professionals working in criminal law, as it equips them with the procedural knowledge required to support prosecution teams effectively.

This topic is crucial because it bridges the gap between substantive criminal law and the practical application of justice. Students will explore the roles of key agencies such as the Crown Prosecution Service (CPS), the police, and the courts, as well as the legal principles that ensure fair and efficient prosecutions. Understanding these procedures is vital for anyone pursuing a career in criminal litigation, as it enables them to navigate the complexities of the criminal justice system with confidence.

Within the wider CILEx qualification framework, this certificate builds on foundational knowledge of the English legal system and criminal law. It prepares students for more advanced study in criminal litigation and advocacy, and is directly relevant to roles in prosecution departments, law firms, and regulatory bodies. Mastery of this subject demonstrates a student's ability to apply legal rules to real-world scenarios, a key skill for professional practice.

Key Concepts

Core ideas you must understand for this topic

→The role of the Crown Prosecution Service (CPS) in reviewing evidence and deciding whether to charge a suspect, applying the Full Code Test (evidential stage and public interest stage).
→The different types of criminal offences (summary only, either way, and indictable) and how they determine the mode of trial (Magistrates' Court or Crown Court).
→The pre-trial procedures including bail applications, case management hearings, and disclosure of evidence (defence and prosecution duties under CPIA 1996).
→The trial process itself, including the burden and standard of proof, the roles of the judge, jury, and advocates, and the rules of evidence (e.g., hearsay, character evidence).
→Sentencing principles and options available to courts, including custodial sentences, community orders, fines, and ancillary orders, as well as the appeals process.

Learning Objectives

What you need to know and understand

Understand the fundamental principles of criminal liability, Understand the requirements for liability for criminal damage, Understand the requirements for liability for homicide, Understand the requirements for liability for theft, Understand the requirements for liability for attempting an offence, Understand the nature and requirements of the general defences, Understand the nature and features of strict liability offences, Understand fundamental principles of public order

Assessment Criteria

Key criteria assessors look for in your portfolio

Award credit for demonstrating accurate identification of actus reus and mens rea elements in scenario-based questions.
Award credit for correctly distinguishing between the offences of murder, voluntary manslaughter, and involuntary manslaughter based on partial defences and intent.
Award credit for applying the legal tests for dishonesty in theft (e.g., the Ghosh test) to fact patterns.
Award credit for explaining the concept of more than merely preparatory when assessing criminal attempts.
Award credit for showing how strict liability offences depart from the requirement of mens rea and providing relevant statutory examples.
Award credit for evaluating the availability of general defences such as self-defence, duress, and intoxication in given scenarios.
Award credit for identifying public order offences under the Public Order Act 1986 and linking them to elements of conduct and public disturbance.

Assessment Guidance

Guidance for achieving higher grades

💡In scenario questions, always first establish the actus reus before moving to mens rea to build a logical argument.
💡When discussing homicide, precisely label the offence (e.g., involuntary manslaughter by unlawful and dangerous act) to demonstrate depth of knowledge.
💡For theft and criminal damage, explicitly address the statutory definitions and key cases (e.g., Morris for appropriation, Collins for entry) to anchor your analysis.
💡If a question involves a possible defence, work through the legal criteria stepwise and consider any relevant case law (e.g., Graham for duress).
💡When handling public order topics, be clear on the distinction between Section 4, 4A, and 5 offences, focusing on the varying mental elements and thresholds of harm.
💡Always refer to the specific legal tests and statutes, such as the Full Code Test under the Code for Crown Prosecutors, and the Criminal Procedure and Investigations Act 1996 for disclosure. Examiners look for precise application of the law, not just general descriptions.
💡Use case law to illustrate key points, e.g., R v Galbraith (1981) for the test on submission of no case to answer, or R v Turnbull (1977) for identification evidence. This shows depth of understanding and ability to apply principles.
💡Structure your answers clearly: for problem questions, use the IRAC method (Issue, Rule, Application, Conclusion). For essay questions, ensure you critically evaluate procedures, not just describe them, and consider recent reforms or proposals.

Common Mistakes

Common errors to avoid in your coursework

Confusing the burden of proof for defences: students often think the defendant must prove a defence beyond reasonable doubt, rather than raising evidence and leaving the prosecution to disprove it.
Misapplying the law on joint enterprise: assuming mere presence at a crime scene is sufficient for liability without assessing participation or foresight.
Treating all homicides as murder without considering partial defences like diminished responsibility or loss of control.
Overlooking that criminal damage can be committed recklessly, not just intentionally.
Failing to distinguish between impossibility and attempts: believing that a crime that cannot be completed (e.g., pickpocketing an empty pocket) cannot amount to an attempt.
Misinterpreting strict liability as requiring proof of fault, when in fact it dispenses with mens rea for at least one element.
Applying self-defence to property as if it is identical to self-defence of the person, without noting the additional considerations of proportionality.
Misconception: The police decide whether to charge a suspect. Correction: While the police can charge for minor offences, the CPS makes the final charging decision for most offences, applying the Full Code Test to ensure there is sufficient evidence and it is in the public interest.
Misconception: All criminal trials are heard by a jury. Correction: Only indictable offences (and some either way offences) are tried in the Crown Court with a jury; summary only offences are tried in the Magistrates' Court without a jury, and either way offences can be heard in either court depending on the defendant's election and magistrates' decision.
Misconception: The prosecution must prove every fact beyond reasonable doubt. Correction: While the prosecution bears the legal burden of proof, certain presumptions (e.g., presumption of innocence) and exceptions (e.g., reverse burdens for some defences) can shift the evidential burden to the defence.

Frequently Asked Questions

Common questions students ask about this topic

Before You Start

Prior knowledge that will help with this topic

•A basic understanding of the English legal system, including the hierarchy of courts and the roles of legal professionals.
•Knowledge of criminal law fundamentals, such as actus reus, mens rea, and the elements of common offences like theft and assault.
•Familiarity with the Human Rights Act 1998, particularly Article 6 (right to a fair trial), as it underpins many procedural safeguards.

Key Terminology

Essential terms to know

Understand the fundamental principles of criminal liability, Understand the requirements for liability for criminal damage, Understand the requirements for liability for homicide, Understand the requirements for liability for theft, Understand the requirements for liability for attempting an offence, Understand the nature and requirements of the general defences, Understand the nature and features of strict liability offences, Understand fundamental principles of public order

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Criminal Law and Public Order

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