Enforcement policy

Prosecution or simple caution?

We apply the Full Code Test to determine whether a Prosecution or Simple Caution is viable and appropriate. We follow guidance set by the Crown Prosecution Service when applying the tests:

  • The Evidential Stage

There must be enough evidence to provide a ‘realistic prospect of conviction’ against each defendant on charge.

  • The Public Interest Stage

There may be public interest factors which are in favour of, or are against prosecutions. These have to be weighed-up before such enforcement action is taken. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.