What is the difference between the Full Code Test and the Threshold Test?

The Full Code Test is applied when a suspect is charged and requires sufficient evidence for a realistic prospect of conviction and that prosecution is in the public interest. The Threshold Test is used in urgent cases where a suspect is detained but more evidence is needed; it requires reasonable grounds to suspect the suspect committed the offence and that further evidence will be obtained within a reasonable time.

Can the CPS discontinue a case after charge?

Yes, the CPS can discontinue a case at any stage if the Full Code Test is no longer met, for example, if evidence becomes unreliable or new evidence undermines the case. The CPS must notify the court and the defence, and reasons must be given.

What factors do magistrates consider when deciding bail?

Magistrates consider whether there are substantial grounds for believing the defendant would fail to surrender, commit an offence on bail, or interfere with witnesses. They also consider the nature and seriousness of the offence, the defendant's character and community ties, and any previous bail failures. The court may impose conditions like curfew or electronic tagging.

What is the role of the defence in disclosure?

The defence must provide a defence statement setting out the nature of the defence and the matters in issue. This triggers the prosecution's duty to disclose unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence. Failure to provide a defence statement can lead to adverse inferences at trial.

How does the allocation process work for either-way offences?

For either-way offences, the magistrates first decide whether the case is suitable for summary trial or should be sent to the Crown Court. They consider factors like the seriousness of the offence, their sentencing powers, and any representations from the prosecution and defence. The defendant also has a right to elect trial by jury in the Crown Court.

What is the significance of the Code for Crown Prosecutors?

The Code for Crown Prosecutors sets out the principles the CPS must follow when making prosecution decisions. It ensures consistency, transparency, and fairness. The Code includes the Full Code Test and the Threshold Test, and it guides prosecutors on public interest factors, such as the seriousness of the offence and the impact on the victim.

The role of the Crown Prosecution Service within the courts and legal system in England and Wales

CHARTERED INSTITUTE OF LEGAL EXECUTIVES

vocational

This subtopic examines the Crown Prosecution Service's function as the principal public prosecutor in England and Wales, focusing on its operational structure, decision-making frameworks, and collaborative relationships with legal professionals. It emphasises the practical application of the Code for Crown Prosecutors in charging decisions and highlights the critical responsibilities of CPS paralegals in case preparation, witness support, and victim communication throughout criminal proceedings.

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. 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 fairness and justice. This knowledge is essential for anyone pursuing a career as a Chartered Legal Executive, paralegal, or in other legal roles within the criminal justice system.

Understanding criminal prosecution procedures is vital because it forms the backbone of how the state brings offenders to justice while protecting defendants' rights. The course delves into the Code for Crown Prosecutors, bail decisions, disclosure obligations, and the rules of evidence. By mastering these procedures, students gain the ability to advise clients, prepare cases, and navigate the complexities of criminal litigation. This qualification also builds a foundation for further study in criminal law and practice.

Within the wider Public Services curriculum, this certificate complements other modules on criminal law, evidence, and legal systems. It bridges theoretical legal principles with practical application, preparing students for real-world scenarios in solicitors' firms, the CPS, or the courts. The focus on prosecution procedures ensures that students appreciate the balance between effective law enforcement and the rights of the accused, a cornerstone of the UK legal system.

Key Concepts

Core ideas you must understand for this topic

→The Full Code Test and the Threshold Test under the Code for Crown Prosecutors, including the evidential and public interest stages.
→The roles and responsibilities of the Crown Prosecution Service (CPS), including the decision to charge, review, and discontinue cases.
→Bail procedures: the right to bail, exceptions under the Bail Act 1976, and the factors courts consider when granting or refusing bail.
→Disclosure obligations under the Criminal Procedure and Investigations Act 1996, including the duties of the prosecution and defence.
→The trial process: from plea before venue and allocation to the roles of magistrates, juries, and judges in summary and indictable offences.

Learning Objectives

What you need to know and understand

Understand the structure of the law, Understand what the organs of government are, Understand how an Act of Parliament is created, Understand the role of delegated legislation, Understand how the doctrine of judicial precedent operates, Understand the impact of European Union law on the law of England and Wales, Understand the court hierarchy, Understand the relevance of the European Convention on Human Rights, Understand the personnel of the English Legal System, Understand the contribution made by laypersons within the administration of justice of England and Wales, Understand the role and structure of the Crown Prosecution Service (CPS), Understand the role of paralegals in the CPS, Understand how the CPS works with counsel, Understand the role of the CPS paralegal in criminal proceedings, Understand the need and responsibility to care for, and communicate with, victims and witnesses

Assessment Criteria

Key criteria assessors look for in your portfolio

Award credit for accurately describing the Full Code Test, explicitly referencing both the evidential and public interest stages as set out in the Code for Crown Prosecutors.
Award credit for demonstrating knowledge of the CPS hierarchical structure, from the Director of Public Prosecutions to Legal Trainee/Paralegal, and explaining the delegation of authority.
Award credit for explaining the distinction between CPS in-house prosecutors and external counsel (barristers), including the process of instructing counsel and the allocation of cases under the CPS Advocate Panel Scheme.
Award credit for identifying specific paralegal duties, such as reviewing case files, obtaining additional evidence, liaising with police, and ensuring compliance with the Victims' Code.
Award credit for assessing the practical steps taken to communicate with victims and witnesses, including the provision of information, referrals to support services, and the handling of special measures applications.

Assessment Guidance

Guidance for achieving higher grades

💡Always anchor your answers in the Code for Crown Prosecutors; cite specific paragraphs (e.g., para 4.6 for the evidential stage) to demonstrate authoritative knowledge.
💡When explaining CPS-counsel relationships, use precise language: 'the CPS instructs counsel' and reference the CPS Advocate Panel Scheme to show understanding of quality assurance.
💡Structure answers around the practical workflow of a case—from charging decision to court hearing—highlighting where paralegals and victim communication duties intervene.
💡Prepare a concise list of key statutes and guidelines (e.g., Prosecution of Offences Act 1985, Victims' Code) to efficiently reference in responses, demonstrating applied knowledge.
💡When answering questions on the Full Code Test, always state both stages (evidential and public interest) and give specific examples of factors considered, such as the seriousness of the offence or the defendant's age.
💡For bail questions, structure your answer by first stating the general right to bail, then list the exceptions under the Bail Act 1976, and finally apply them to the facts. Use case law like R v Mansfield Justices ex p Sharkey to illustrate points.
💡In disclosure questions, remember to mention the duty of the prosecutor to review material continuously and the role of the defence in making a defence statement. Cite the Criminal Procedure and Investigations Act 1996 and the Attorney General's Guidelines.

Common Mistakes

Common errors to avoid in your coursework

Confusing the CPS role with that of the police, assuming the CPS conducts investigations or makes arrest decisions, rather than providing charging advice and prosecuting.
Misunderstanding the discretionary nature of prosecution, often stating that all reported offences must be charged if evidence exists, ignoring the public interest stage.
Referring to external counsel as 'employed' by the CPS, rather than recognising the independent, instructed status of barristers, and failing to use the term 'counsel' correctly.
Overlooking the distinct role of paralegals by conflating it with that of a police case builder or assuming paralegals have rights of audience in court.
Neglecting victim and witness communication obligations, such as failing to mention the need for regular updates, making referrals to Victim Support, or addressing special measures like screens or video links.
Misconception: The police decide whether to charge a suspect. Correction: While the police can charge for minor offences, the CPS makes the final decision for most cases, applying the Full Code Test.
Misconception: Bail is always granted unless the defendant is a flight risk. Correction: Bail can be refused for many reasons, including risk of further offending, interference with witnesses, or if the defendant has previously failed to surrender.
Misconception: Disclosure only requires the prosecution to hand over evidence that supports its case. Correction: The prosecution must disclose any material that might undermine its case or assist the defence, including unused material.

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 classification of offences (summary, either-way, indictable).
•Familiarity with the Criminal Justice Act 2003 and the concept of burden and standard of proof.
•Knowledge of human rights principles, particularly Article 6 of the European Convention on Human Rights (right to a fair trial).

Key Terminology

Essential terms to know

Understand the structure of the law, Understand what the organs of government are, Understand how an Act of Parliament is created, Understand the role of delegated legislation, Understand how the doctrine of judicial precedent operates, Understand the impact of European Union law on the law of England and Wales, Understand the court hierarchy, Understand the relevance of the European Convention on Human Rights, Understand the personnel of the English Legal System, Understand the contribution made by laypersons within the administration of justice of England and Wales, Understand the role and structure of the Crown Prosecution Service (CPS), Understand the role of paralegals in the CPS, Understand how the CPS works with counsel, Understand the role of the CPS paralegal in criminal proceedings, Understand the need and responsibility to care for, and communicate with, victims and witnesses

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The role of the Crown Prosecution Service within the courts and legal system in England and Wales

Assessment criteria

Topic Overview

Key Concepts

Learning Objectives

Assessment Criteria

Assessment Guidance

Common Mistakes

Frequently Asked Questions

Before You Start

Key Terminology

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