How Do The CPS Decide to Charge You With An Offence?
In the UK the Crown Prosecution Service are the body responsible for deciding whether a person is charged with an offence or not. In all sexual offence cases
the police will send their case to the CPS for them to decide whether or not the suspect is going to be charged with an offence and if so, which offences. The CPS follow a structured process when deciding whether or not to charge the accused.
The Evidential Stage
The first step is to assess whether there is enough evidence to support a charge. The CPS will only proceed if there is a realistic prospect of conviction, which means the evidence must be sufficient to make a conviction likely if the case went to court. However, this does not mean that where a person is charged they are going to be convicted, working with specialist sexual defence lawyers will assist you in challenging the evidence and undermining that as far as possible.
Quality of evidence:
The CPS evaluates whether the evidence is reliable, credible, and sufficient to meet the threshold for a criminal trial. In some cases the evidence to the CPS may initially seem credible and sufficient but the defence may provide material which changes this.
Witnesses and statements:
They will assess the credibility of witnesses and the reliability of any statements made by the defendant or others.
Physical evidence:
Forensic evidence, CCTV footage, documents, and any other materials are also examined.
Defences:
They will also consider any defences the suspect may have, and whether these could potentially undermine the case. This is where pre-charge engagement
can really make a difference to the decisions made by the CPS. If we are able to undermine the evidence presented by the police against you, then the reliability, credibility or sufficiency may not meet the required test.
If the CPS decides there isn’t enough evidence to proceed with the case, they will not charge the suspect. When we represent clients at this early stage, our aim is to meet this outcome.
The Public Interest Stage
If there is sufficient evidence to proceed, the CPS will then consider whether it is in the public interest to bring a prosecution against the accused. In cases where alleged sexual offences
are in question then it is almost always in the public interest to prosecute the suspect. Considering the public interest stage requires a broader judgment based on factors such as:
Seriousness of the offence:
More serious crimes (e.g., violent crime or fraud) are more likely to be prosecuted than minor offences.
Impact on the victim:
The effect of the crime on the alleged victim, including whether they support a prosecution.
Offender's background:
The age, health, or vulnerability of the defendant may be taken into account, as well as their criminal history.
Likelihood of reform:
Whether the prosecution will help rehabilitate the defendant or serve as a deterrent to others.
Public confidence:
The need to maintain public confidence in the criminal justice system. In some cases, prosecuting an offence may be important to demonstrate that such behaviour will not be tolerated.
If the CPS determines that prosecuting would serve the public interest, they will proceed with a charge.
Special Considerations
In some cases, the CPS may consult with police, complainants, or experts before making a decision. In youth cases
there may be involvement from the Youth Justice Board (YJS), who can advise the CPS on ways in which a youth can be dealt with other than the usual process through the court system.
For certain serious sexual offences the CPS may need additional time to gather more evidence or to consult specialists such as forensic experts . This can cause delays to investigations making
Insufficient Evidence - What Happens?
No realistic prospect of conviction:
If the available evidence is not strong enough to support a realistic prospect of conviction, the CPS may decide not to charge. This could be due to witness statements that are unreliable, forensic evidence that is inconclusive, or insufficient evidence to meet the legal requirements for prosecution. What can also have a huge influence over the decision not to prosecute is any material provided to the CPS by the defence team by way of pre-charge representations. Our team will build your defence at this early stage to undermine any evidence, with a view to stop any future prosecution.
Weaknesses in the case:
If
the evidence is conflicting, or if there are major inconsistencies, this could undermine the likelihood of a successful conviction. Again, we can work to identify and bring these inconsistencies to the attention of the reviewing lawyer.
Public Interest Factors
The CPS considers whether it is in the public interest to prosecute. Even if there is sufficient evidence, there might still be reasons not to charge. Cases where we experience this is in cases where the complainant does not wish to support a prosecution, especially in cases of domestic violence
or assault. The CPS would consider this as an important factor and make the necessary decisions based on the complainant's safety and welfare.
Vulnerability of the defendant:
If the defendant is very young, elderly, or vulnerable, and the offence is minor, the CPS may decide against charging. The prospect of rehabilitation or diversionary programs may be considered more appropriate and the case may be redirected to alternative services who can assist in rehabilitation, and supporting the defendant.
Public interest in diversion:
In some cases, it might be more beneficial to use diversionary measures rather than prosecution, especially if it could prevent further offending or if the offence was a one-off, non-serious incident.
How Eventum Legal Can Help You Avoid Being Charged With an Offence
The CPS will proceed with a charge if both the evidential test (sufficient evidence for a realistic prospect of conviction) and the public interest test (it is in the public interest to prosecute) are satisfied. If either test fails, the CPS may decide not to charge or to discontinue the case. This decision-making process ensures that prosecutions are only brought when there is enough evidence and when it serves the interests of justice and the public.
What is crucial for suspects to understand is that they do not just have to sit and wait for the police to gather the evidence, or for the CPS to make decisions. At Eventum Legal we have a strong track record of successfully challenging the strength of a case at the
pre-charge stage. We work closely with our client to put a tailored action plan in place, gathering defence evidence and implementing a strategic approach to how the case is progressed in our client's favour, including how a police interview
is conducted and managed. This early defence intervention can impact your future.
Our lawyers provide a free initial consultation, where we can understand your case and provide you with further information on how we can assist you avoiding charges when accused of a sexual offence.
We Can Help With
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
