What Is the Full Code Test for Charging Assault Offences?

When someone is suspected of committing an assault in England and Wales, a prosecutor must carefully decide whether to charge that person with a criminal offence. This decision is governed by a structured set of legal principles known as the Full Code Test. Prosecutors apply this test to ensure that charging a suspect is legally justified, fair, and in the public interest. The process is central to the criminal justice system and applies across offence types, including assault, assault occasioning actual bodily harm (ABH), grievous bodily harm (GBH), and other violent offences.

This guide explains the Full Code Test step by step, the legal standards involved, how it operates in practice, and how it affects assault cases in particular.

Overview: Charging Decisions in England and Wales

In most criminal cases in England and Wales, the decision to prosecute is made by the Crown Prosecution Service (CPS) or, in some cases, by police prosecutors acting under delegated authority. Charging decisions follow established legal guidance called the Code for Crown Prosecutors. Prosecutors must only authorise charges where the law and evidential requirements are satisfied. 

The Full Code Test is the standard legal test applied before charging is authorised. There is also a narrower alternative called the Threshold Test; this applies in limited circumstances where evidence is still being gathered but immediate charging may be justified (for example, to keep a suspect in custody). 

What Is the Full Code Test?

The Full Code Test is a two‑stage legal assessment that prosecutors must apply before charging a suspect with any criminal offence, including assault. It consists of:

1. The Evidential Stage
2. The Public Interest Stage 

Both stages must be satisfied before a charge can be authorised. If either stage is not met, the prosecutor must not charge the suspect under this test.

1. The Evidential Stage

At this stage, the prosecutor considers whether there is sufficient evidence to justify a prosecution. The central question is:

“Is there enough evidence to provide a realistic prospect of conviction?” 

**What “Realistic Prospect of Conviction” Means

A realistic prospect of conviction is a legal standard used by prosecutors. It does not mean that guilt must be proven beyond doubt. Instead, it requires an objective evaluation of all the evidence, including:

• Whether the evidence is admissible in court;
• Whether it is credible and reliable;
• Whether an impartial jury or magistrates' bench, properly instructed, is more likely than not to convict if the case goes to trial. 

This involves considering potential defence arguments and evidence that might undermine the prosecution case.

**Application in Assault Cases

In assault cases, evidence might include:

• Statements from the alleged victim and any witnesses;
• Video footage (e.g., CCTV, mobile phone recordings);
• Medical reports documenting injuries;
• Forensic evidence (if relevant);
• Police officer statements and investigative notes.

A prosecutor must assess whether this material, taken together, could convince a tribunal of fact that the complainant's account is more likely than not to be accepted. If the evidential stage is not met, the case must not proceed to a charge. 

2. The Public Interest Stage

If a case passes the evidential test, the prosecutor must then decide whether it is in the public interest to prosecute.

**Factors Considered

There is no exhaustive list, but typical public interest factors include:

• The seriousness of the alleged assault (e.g., level of harm, use of weapons);
• The suspect's culpability and criminal history;
• The impact on the victim and the community;
• The age, health, or vulnerability of the suspect or victim;
• Whether prosecution is a proportionate response to the alleged conduct. 

For example, a minor assault occurring under mitigating circumstances might be assessed differently from a serious violent assault causing significant harm.

**Balancing Public Interest

Prosecutors weigh factors favouring prosecution against those that might argue against it. The decision must be reasoned and justified, ensuring that the public interest in justice is properly served.

When Is the Full Code Test Applied?

Prosecutors must apply the Full Code Test:

• After all reasonable lines of inquiry have been pursued; or
• Before an investigation is fully complete, if further evidence is unlikely to affect the decision either way. 

In routine assault cases, investigators will typically complete reasonable enquiries before referring the file to the CPS. In more complex cases, a prosecutor might decide that the available evidence is sufficient to apply the Full Code Test without further inquiry.

The Threshold Test: A Limited Alternative

In some circumstances, the Threshold Test may be used instead of the Full Code Test. This tends to arise where:

• There is insufficient evidence to meet the evidential stage of the Full Code Test;
• However, further evidence is likely to be obtained soon;
• And the suspect must be charged and possibly remanded in custody due to risk factors. 

The Threshold Test has five conditions, including reasonable grounds to suspect guilt, availability of further evidence, seriousness of the case, and public interest. Only where all conditions are met can a suspect be charged before the Full Code Test is satisfied. 

Charging an Assault Offence in Practice

In assault cases, the Full Code Test operates as follows:

1. Investigation – Police gather evidence and carry out enquiries.
2. Case File Submission – The investigatory file, including all witness statements and material evidence, is submitted to a prosecutor.
3. Evidential Assessment – The prosecutor reviews whether there is sufficient evidence to justify laying an assault charge.
4. Public Interest Assessment – If the evidential test is met, the prosecutor must assess whether prosecution is appropriate in the wider public interest.
5. Charging Decision – If both stages are met, the prosecutor authorises the charge. If not, the case may result in no further action (NFA) or possible referral back to police for further enquiry. 

Common Questions About the Full Code Test

Does the Full Code Test Apply to Every Assault?

Yes. Whether the offence is a minor common assault or a more serious violent offence, the Full Code Test is the standard legal framework for charging decisions in England and Wales. It applies regardless of the severity of injury alleged. 

What Happens if the Test Is Not Met?

If the Full Code Test's evidential stage fails, the prosecutor must not authorise charges. The case may be closed or referred back for further investigation. In limited urgent situations, the Threshold Test may be considered. 

Is Public Interest Always Required?

Yes. Even with strong evidence, a prosecution must still be justified by public interest. In many serious assault cases, public interest factors will favour prosecution, but this is not automatic. Each case must be assessed individually. 

Summary

The Full Code Test is the legal standard that prosecutors in England and Wales use to decide whether to charge a person with an assault offence. It requires:

• Sufficient evidence to provide a realistic prospect of conviction; and
• Confirmation that prosecution is in the public interest. 

Both stages must be satisfied before a charge is authorised. The process protects the rights of suspects, ensures evidence is properly evaluated, and promotes fair and responsible use of prosecutorial powers.

Understanding how the Full Code Test works can help anyone navigate the criminal justice system more effectively, whether as a member of the public, a student, or a solicitor.