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 ?
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