A major Government review of rape has been delayed amid oncerns that the Crown Prosecution Service (CPS) could be found to have unlawfully abandoned "weak" cases in … 9.7 Where a defendant has previously indicated that they will ask the court to take an offence into consideration when sentencing, but then declines to admit that offence at court, prosecutors will consider whether a prosecution is required for that offence. This includes decisions to start or continue an investigation and on the scope of the investigation. 2.1 . 4.5 Prosecutors should only take such a decision when they are satisfied that the broad extent of the criminality has been determined and that they are able to make a fully informed assessment of the public interest. Prosecutors must be fair, objective and independent. 8.1 Prosecutors must have regard to the guidelines on sentencing and allocation when making submissions to the magistrates’ court about where the defendant should be tried. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. The criminal justice system treats children and young people differently from adults and significant weight must be attached to the age of the suspect if they are a child or young person under 18. 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. A trial of a child or young person in the Crown Court should be reserved for the most serious cases or where the interests of justice require a child or young person to be jointly tried with an adult. 2.13 Where the law differs in England and Wales prosecutors must apply the Code and have regard to any relevant policy, guidance or charging standard. In these cases, the prosecutor will tell the defendant that the prosecution may well start again; cases which are not prosecuted or are stopped because of a lack of evidence but where more significant evidence is discovered later; and. 6.1 Prosecutors should select charges which: 6.2 This means that prosecutors may not always choose or continue with the most serious charge where there is a choice and the interests of justice are met by selecting the lesser charge. Prosecutors should not decide the public interest on the basis of this factor alone. The Crown Prosecutor must therefore take the Threshold Test seriously and pass the five conditions, so that the case can reach the Full Code Test quickly. 4.3 The Full Code Test should be applied: 4.4 In most cases prosecutors should only consider whether a prosecution is in the public interest after considering whether there is sufficient evidence to prosecute. But prosecutors should consider the effect of any likely delay if a case is sent to the Crown Court, including the possible effect on any victim or witness. Code for Crown Prosecutors (external website) The Code for Crown Prosecutors sets out the two stage test which must be met before any prosecution is undertaken. A suspect is likely to have a much lower level of culpability if the suspect has been compelled, coerced or exploited, particularly if they are the victim of a crime that is linked to their offending. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. 8.3 Prosecutors should bear in mind that if confiscation proceedings are required, these may only take place in the Crown Court. In such cases, prosecutors should have regard to any relevant enforcement policies of those departments. 8.4 Prosecutors must bear in mind that children and young people (under 18s) should be tried in the youth court wherever possible. It is more likely that prosecution is required if the offence was motivated by any form of prejudice against the victim’s actual or presumed ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity; or if the suspect targeted or exploited the victim, or demonstrated hostility towards the victim, based on any of those characteristics. Code for Crown Prosecutors Before charging a defendant and proceeding with a prosecution, Crown Prosecutors must first review each case against the Code for Crown Prosecutors. 10.3 Victims may seek a review of certain CPS decisions not to start a prosecution or to stop a prosecution, under the Victims’ Right to Review Scheme. These include where: the suspect’s past record suggests that there are no suitable alternatives to prosecution; and. 2.12 Some offences may be prosecuted by either the CPS or by other prosecutors in England and Wales. 3.1 In more serious or complex cases, prosecutors decide whether a person should be charged with a criminal offence and, if so, what that offence should be. When assessing the seriousness of an offence, prosecutors should include in their consideration the suspect’s culpability and the harm caused, by asking themselves the questions at b) and c). Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction. The Code for Crown Prosecutors (“ Code ”) sets out the general principles crown prosecutors should follow when deciding whether to prosecute a case.