This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how the Full Code Test is used to decide whether to charge burglary offences in England and Wales. This guide explains the evidential and public interest stages, how evidence is assessed, and when prosecutions are justified under UK law.
When a person is suspected of a burglary offence in England and Wales, prosecuting authorities must decide whether to charge that person with a criminal offence. This decision is governed by a structured legal assessment known as the Full Code Test. The test, set out in the Code for Crown Prosecutors, ensures that charges are only authorised where the available evidence and wider public interest justify a prosecution.
Burglary is an indictable offence with potentially significant penalties and harm. This guide explains how prosecutors apply the Full Code Test to burglary cases and clarifies each stage of the decision‑making process in accessible language for members of the public, students and solicitors alike.
What Is the Full Code Test?
The Full Code Test is a two‑stage legal test used by prosecutors to decide whether a suspect should be charged with an offence, including burglary. It must be satisfied in full before a prosecution is authorised. The two stages are:
- Evidential Stage
- Public Interest Stage
The Full Code Test applies to all criminal offences that require charging decisions by the police or CPS prosecutors. In burglary cases - which involve unlawful entry into a building with intent to steal, inflict grievous bodily harm, or commit criminal damage - it ensures that prosecutions are proper, lawful and justified before a charge proceeds through the courts.
1. Evidential Stage: Is There Sufficient Evidence?
At the first stage, a prosecutor must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against the suspect on the proposed charge. This is an objective legal standard requiring careful evaluation of the evidence, including any material that may support a defence.
**What “Realistic Prospect of Conviction” Means
A realistic prospect of conviction means that an impartial jury or bench of magistrates, properly directed and acting according to the law, is more likely than not to convict the defendant on the evidence available. It does not require certainty, but it does require credible, reliable and admissible evidence that could persuade a court of guilt.
**Examples of Evidence in Burglary Cases
In burglary cases, relevant evidence might include:
- Witness statements from those who saw the entry or presence at the scene;
- CCTV footage showing the suspect entering or leaving a property;
- Fingerprint or DNA evidence linking the suspect to the scene;
- Physical evidence such as stolen property recovered from the suspect;
- Forensic reports showing forced entry or damage consistent with burglary.
Prosecutors consider whether this evidence can be used in court and whether it is sufficiently credible and reliable. They also consider whether there is any material that might undermine the prosecution case. If the evidential stage is not satisfied, the case cannot currently be charged under the Full Code Test.
2. Public Interest Stage: Is a Prosecution Justified?
If the evidential stage is met, the prosecutor must then consider whether prosecution is required in the public interest. This is a distinct assessment separate from evidence alone and looks at the wider impact and appropriateness of bringing the case to court.
**Factors in the Public Interest Assessment
There is no fixed checklist, but prosecutors commonly consider factors such as:
- Seriousness of the offence: The degree of harm or loss caused by the burglary.
- Suspect's culpability: Whether the burglary was premeditated, involved weapons, or caused significant trauma.
- Impact on the victim: Including financial loss, emotional distress, or vulnerability of the victim.
- Community impact: The broader effect on neighbourhood safety and confidence.
- Proportionate response: Whether prosecution is a balanced response compared with alternatives such as restorative justice options or out‑of‑court disposals in very minor cases.
- Suspect characteristics: Factors such as age, maturity or mental health that might influence the public interest assessment.
In burglary cases, the public interest assessment often supports prosecution, given the harmful nature of the offence. However, each case is considered on its own facts, and less serious cases may sometimes be resolved through alternative measures if appropriate.
When Is the Full Code Test Applied?
Prosecutors must apply the Full Code Test when all outstanding reasonable lines of inquiry have been pursued, or if further evidence is unlikely to affect the decision either way. This means the test is typically applied once the investigation has gathered all necessary evidence to make a fair assessment.
Police investigators may seek early prosecutor advice to understand what evidence will be needed to meet the test in a burglary case. Prosecutors review the case file and decide whether the Full Code Test is met before authorising any charge.
What Happens if the Full Code Test Is Not Met?
If the evidential stage fails - for example, where there is insufficient evidence linking the suspect to the burglary - the prosecutor must not authorise a charge under the Full Code Test, regardless of how serious the offence appears. In such circumstances, the case may be closed, or the police may be asked to pursue reasonable lines of inquiry to strengthen the evidence.
In limited urgent situations - for example, where the suspect is in custody and there is a substantial risk if released - the prosecutor may consider the Threshold Test as an alternative to charging without completing all enquiries. This is only applied in specific circumstances and still includes a public interest element.
Common Questions About Charging Burglary Cases
Does the Full Code Test Apply to Burglary Offences?
Yes. The Full Code Test applies to all charging decisions for burglary offences in England and Wales that require prosecution through the courts under the CPS or relevant prosecuting authority.
Is the Public Interest Always Required?
Yes. Even if there is sufficient evidence, prosecution must still be justified in the public interest before a charge is authorised. Public interest considerations ensure that the criminal justice system balances community protection with fairness.
Can a Burglary Charge Proceed Without a Prosecution?
In very limited circumstances, alternatives to prosecution - such as out‑of‑court disposals - may be considered if the Full Code Test is not satisfied but a formal prosecution is not necessary. However, for serious cases of burglary with strong evidence, prosecution is typically required.
Summary
The Full Code Test is a legal framework used by prosecutors in England and Wales to decide whether to charge burglary offences. It consists of two stages:
- Evidential Stage: There must be sufficient evidence to provide a realistic prospect of conviction.
- Public Interest Stage: Prosecution must be justified as being in the public interest.
Both stages must be satisfied before a burglary charge is authorised. This structured approach ensures that decisions to prosecute are fair, evidence‑based and appropriate in the context of the criminal justice system.
