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Old 30th November 2017, 13:20   #10
Join Date: Sep 2015
Posts: 838
Originally Posted by Jock McTuffnel v3 View Post
Police have passed the buck.
No they have not.

Here are the official CPS guidelines:

'If following assessment a police decision maker considers there is sufficient evidence to charge a suspect and the case is one which this Guidance requires to be referred to a prosecutor to determine whether the suspect is to be charged the case shall be so referred'.

From that we know this much:

a) The police have concluded there is sufficient evidence to charge Stokes.

b) The charge under consideration is not the lesser offence of common assault, a charge which the police would bring themsleves without reference to the CPS and falls outside the 'guidance' mentioned above, but is almost certainly the more serious charge of ABH.

c) The only grounds on which the CPS will not procede with a prosecution is if either (i) they assess that they are unlikely to secure a guilty verdict in court (based not so much on the police evidence but by assessing what the defence case might be and taking a judgment on whether it might convince a jury) or (ii) they conclude that a prosecution is against the public interest.
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