[2025] EWHC 2684 (KB)

In Dallison v Caffery [1965] 1 QB 348 it was explained that the requirement that the Prosecutor should act honestly;

“Means no more than that he himself at the time believed there was reasonable and probable cause…for the prosecution.” (per Diplock LJ)

In Coudrat -v- Commissioners of Customs and Excise Smith LJ recognised the limits to matters which must be consider when stating;

“41.

We direct ourselves first that an officer is entitled to decide to lay a charge if he is satisfied that there is a case fit to be tried. He does not have to believe in the probability of conviction: see Glinski v McIver [1962] AC 726 HL at 766G to 767A. The probability of obtaining a conviction is the test that was properly applied by Miss Ayling at the stage when she was asked to advise, when the investigation was complete. The fact that Miss Ayling concluded that there was insufficient evidence to warrant continuance of the prosecution does not necessarily mean that there was insufficient evidence to warrant laying a charge.

42.

When considering whether to charge a suspect, consideration must be given to the elements of the offence with which it is intended to charge him. There must be prima facie admissible evidence of each element of the offence. Although anything plainly inadmissible should be left out of account, we do not think that, at the stage of charging, it is necessary or appropriate to consider the possibility that evidence might be excluded at the trial after full legal argument or in the exercise of the judge's discretion. Nor is it necessary to test the full strength of the defence. An officer cannot be expected to investigate the truth of every assertion made by the suspect in interview.”

Accordingly as regards the Police in circumstances such as this case the relevant “belief” is not a belief in guilt rather a belief that a charge is warranted, i.e. that the case is “fit to be tried” or that there is a “proper case to lay before the court”. It is not necessary for the police/any officer to believe that the suspect would probably be convicted. That is a matter for assessment by the CPS after detailed consideration of admissibility, witness credibility and the strength of circumstantial evidence.