Charging, Pre-Trial Procedure and Case Management
Charging
The Code for Crown Prosecutors requires the Full Code Test: evidential sufficiency, meaning a realistic prospect of conviction, and the public interest. The Threshold Test applies where custody is needed before further evidence can be obtained. Police may charge minor offences; the CPS usually decides. Alternatives include cautions, community resolutions, and conditional cautions. The prosecutor must keep the decision under review as evidence changes.
Pre-trial
After charge comes first appearance, either-way allocation, and sending for trial. Case management under the Criminal Procedure Rules includes early issue identification, disclosure, and trial readiness. The CPIA 1996 imposes prosecution disclosure of unused material; a defence statement triggers further disclosure; s.8 provides a court application. The Plea and Trial Preparation Hearing is central.
Traps
'Public interest always requires prosecution' is false. 'Defence must disclose its evidence' is false; disclosure is limited. Late defence statements can lose credit or trigger adverse inference. Charging standards are not the same as trial proof.
Rule of thumb
Apply the evidential test first and the public interest second, record the review, and keep disclosure under active review.