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 ?
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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".– Martin Bonner supports MonicaAug 14, 2019 at 13:29
1 Answer
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