In harassment cases in England a prescribed Evidential Test must be performed on the prosecution case before deciding to prosecute , as part of the Prosecutor's Code . Logically , the Test results become evidence in their own right and should be published as 'Key Evidence' . Is this normal practise and is it mandatory , please ?

  • What do you think the test results are. Beyond "there is a realistic prospect of conviction" - meaning that "an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged". Aug 14, 2019 at 13:29

1 Answer 1


The evidential test is not evidence itself.

It is used to help a prosecutor determine if a case should be prosecuted or not. If the full test can not be met, then a prosecutor usually would inform the CPS that the case should not be prosecuted.

The test (which is a two stage test: evidential and public interest) isn't just used in harassment cases, but in all criminal prosecution cases

See the Crown Prosecutors Code of Conduct, Section 4

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