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A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.
It has never been the rule that a prosecution will automatically take place once the evidential stage is satisfied.
This can include: All charging decisions (whether positive or negative) in cases involving allegations under the Juries Act 1974 must be referred to the Director's Legal Advisor (DLA) for approval (see: section entitled Handling Arrangements at the end of this guidance as to how this should be done).
A decision to prosecute such an offence will thereafter require the consent of the Attorney General.
However, there will be cases occasionally where it is clear, prior to the collection and consideration of all the likely evidence, that the public interest does not require a prosecution.
In these cases, prosecutors may decide that the case should not proceed further.
those which may be considered grossly offensive, indecent, obscene or false.
It is an objective test based upon the prosecutor's assessment of the evidence (including any information that he or she has about the defence).The section also explains the application of Article 10 of the European Convention on Human Rights to Category 4 cases.Having identified the category, prosecutors should follow the approach set out under the relevant heading below.No prospective immunity from criminal prosecution can ever be given and nothing in these guidelines should be read as suggesting otherwise.In the majority of cases, prosecutors should only decide whether to prosecute after the investigation has been completed.
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Cases involving the sending of communications via social media are likely to benefit from early consultation between police and prosecutors, and the police are encouraged to contact the CPS at an early stage of the investigation.