What the CPS Looks for to Prosecute

Stage 1 — Evidential

Is there sufficient evidence to provide a realistic prospect of conviction? An objective test: would a properly directed jury/bench, hearing the evidence, be more likely than not to convict? Prosecutors consider admissibility, reliability, credibility of witnesses, and any defences raised.

• Statements (complainant + corroborative witnesses).
• Body-worn footage capturing demeanour and scene.
• 999 call recordings (often admissible as res gestae — R v Andrews).
• Medical and forensic evidence.
• Bad character / previous DA history (s.101 Criminal Justice Act 2003).
• Hearsay routes where complainant retracts (s.116 CJA 2003 — fear).
• Expert evidence on coercive control patterns.

Stage 2 — Public Interest

Even where the evidence is sufficient, prosecutors weigh public interest. The DA guidance presumes prosecution in DA cases given seriousness, vulnerability, risk of escalation, and harm to children.

• Seriousness of the offence (injury, weapon, strangulation).
• Culpability of the suspect.
• Circumstances of and harm caused to the victim, including children present.
• Risk of further offences — DASH risk grading, MARAC referrals.
• Victim's views — considered, but not determinative; CPS may proceed without victim support (evidence-led prosecution).

Common DA Charges