How do the CPS decide to prosecute?
How do the CPS decide to prosecute?
The public interest test. If the evidential test is satisfied, the CPS must fairly weigh the factors for and against prosecution to make an overall assessment of whether the proceedings against the accused is in the public interest. Each case must be considered on its own individual facts.
When does the CPS discontinue an assault case?
It is also possible for the CPS to discontinue a case when it has already come to court. This may happen if further evidence comes to light that undermines the original allegation. When are assault charges dropped?
Can a CPS drop charges if the victim does not?
Hi No, the CPS would not necessarily drop the charges even if the victim doesn’t want to press charges. They would still investigate this and check the reasons for the victim not wanting to press charges and they can still prosecute him if they feel that it’s in the interests of the public.
What happens to a victim in a CPS case?
The CPS and police do not act as lawyers for victims, but it is at their discretion to continue a case or submit summons, which will oblige a victim to attend the court date. It is also important to note that there are serious offences of interfering with complainants or witnesses.
Can someone be charged with assault if the victim does not?
Hi No, the CPS would not necessarily drop the charges even if the victim doesn’t want to press charges. They would still investigate this and check the reasons for the victim not wanting to press charges and they can still prosecute him if they feel that it’s in the interests of the public. Hope this helps. Regards. AS, Barrister
It is also possible for the CPS to discontinue a case when it has already come to court. This may happen if further evidence comes to light that undermines the original allegation. When are assault charges dropped?
The CPS and police do not act as lawyers for victims, but it is at their discretion to continue a case or submit summons, which will oblige a victim to attend the court date. It is also important to note that there are serious offences of interfering with complainants or witnesses.
What happens if charges are dropped by the CPS?
The CPS can however decide to drop charges at the latter stages of police enquiries, or charges can be dropped at the early stages of police enquiry if they are directly sourcing from the influence of the complainant (the victim). It is also possible for the CPS to discontinue a case when it has already come to court.
What can you do if someone files a false CPS report?
Some states have made making false allegations, especially in the hopes of obtaining custody of a child, a crime. In other cases, civil action may be taken. It is important to talk to your lawyer about your legal options, or whether you can press charges. It is always a good idea to resolve any disputes with ex-spouses amicably.