What Happens After You Are Charged With An Offence?

[Mickey80]

If you are charged with a criminal offence by the police, I assume they have enough evidence to proceed to court. Is the decision to charge made by the CPS?

Also, what happens between being charged and going to court. Are the police and CPS still investigating the alleged offence, gathering more evidence, or do they suspend things until the trial.

[Orderlimit]

1. There is a 2 part test applied to charging decisions, evidential test and a public interest. Evidential test = "Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be".

2. The CPS usually make charging decisions, although the police can with certain lower level offences.

3. Yes, the police and CPS will continue to progress the case as required.

[Buenchico]

>>>Also, what happens between being charged and going to court

While it's possible that the police could seek more evidence during that period it's probably unlikely that (in the vast majority of cases) they'd actually do so. The CPS wouldn't authorise charging a suspect unless there was already sufficient evidence to stand a good chance of obtaining a conviction. Further, the police wouldn't be able to interview the defendant after he'd been charged, as the Police and Criminal Evidence Act prohibits it.

[Orderlimit]

Hi Chris,

just for info, PACE does allow interviews post-charge in certain circs but
restrictions on drawing adverse inferences from any silence applies and hence the old caution is used: "You do not have to say anything, but anything you do say saybe given in evidence".

PACE Codes of Practice, Code C, Sec 16.5

[Orderlimit]

Sorry, link :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117589/pace-code-c-2012.pdf

[Mickey80]

Thank you, great answers

[Orderlimit]

Thanks for your reply Mickey. There's a fair bit of work that goes on after charge, particularly cases that go to the Crown Court but regardless, the amount of paperwork and form filling is huge for most cases.

Investigators not only have to provide hard evidence for the prosecution case but also investigate defences, alibi's etc that may have been raised (although it is accepted that the police will concentrate on enhancing their case).

There is also an ongoing process of review and disclosure of all unused material to the defence (see attached for just for general idea :-https://www.cps.gov.uk/publications/docs/jopimay2004.pdf

There's lots of other stuff and nowt is straightforward