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 fraud offences in England and Wales. This guide explains the evidential and public interest stages, how prosecutors assess evidence, and how decisions are made before fraud charges reach court.
When fraud is suspected in England and Wales, prosecutors must decide whether to charge a suspect with a criminal offence. Fraud offences can range from dishonestly obtaining money by false representation to complex economic crimes affecting businesses and individuals. Before any charge is authorised, prosecutors must apply a structured legal assessment known as the Full Code Test. This test – set out in the Code for Crown Prosecutors – ensures that charging decisions are fair, legally sound, and made in the interests of justice.
This article explains the Full Code Test step by step, how it applies specifically to fraud offences, and what it means for suspects, victims, and the wider criminal justice process.
Understanding Fraud Offences in Context
Fraud offences in England and Wales are primarily defined by the Fraud Act 2006. That statute sets out core fraud offences such as fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. These can carry significant penalties, including lengthy custodial sentences upon conviction.
Because fraud often involves financial harm, deception, and complex evidence, prosecutorial charging decisions require careful legal evaluation before reaching the courts. The Full Code Test provides that structured framework.
What Is the Full Code Test?
The Full Code Test is the legal test prosecutors must apply before charging a suspect with any criminal offence that will be prosecuted in court. It is a two‑stage test, comprising:
- The Evidential Stage
- The Public Interest Stage
Both stages must be satisfied before a prosecutor can authorise charges. Prosecutors apply the Full Code Test in all cases where a full charging decision is required, including fraud cases.
1. The Evidential Stage: Sufficient Evidence for a Realistic Prospect of Conviction
The first question prosecutors must ask is:
Is there sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge?
This means that, based on the evidence available at the time, an objective, impartial and reasonable jury or bench of magistrates, properly directed and acting according to the law, would be more likely than not to convict the defendant of the offence.
Applying This to Fraud Cases
In fraud matters, the evidential assessment requires thorough scrutiny of all relevant material, such as:
- Documentary evidence (bank statements, invoices, financial records) showing alleged false representation or deceit;
- Communication records (emails, messages) indicating knowledge or intent to defraud;
- Expert financial analysis or forensic accounting reports;
- Victim statements and testimony.
Prosecutors must consider whether the evidence is admissible, credible and reliable, and whether any defence arguments could undermine the case to the extent that conviction is unlikely. If the evidential threshold is not met, the case cannot proceed to prosecution under the Full Code Test.
2. The Public Interest Stage: Is Prosecution Justified?
If the evidential stage is satisfied, the prosecutor must then assess whether it is in the public interest to prosecute. This stage recognises that even where there is enough evidence, prosecution may not be necessary in every case.
Factors in the Public Interest Assessment
There is no exhaustive list, but common considerations include:
- Seriousness of the offence: The scale of financial loss, number of victims, or impact on public trust;
- Culpability of the suspect: Whether the conduct was deliberate, planned or opportunistic;
- Harm caused: Economic, emotional or reputational harm to victims;
- Suspect characteristics: Age, maturity or vulnerability may influence the decision;
- Community impact: Broader effects on confidence in financial markets or public institutions;
- Proportionality: Whether prosecution is a balanced response compared with alternative actions.
In most substantial fraud cases, factors tending in favour of prosecution are likely to predominate, reflecting the need to uphold the rule of law and deter economic crime.
When Is the Full Code Test Applied?
Prosecutors must apply the Full Code Test typically after a police or investigator has completed reasonable lines of enquiry and when sufficient material is available. Even in complex or sensitive fraud investigations, prosecutors must avoid premature charging before the evidential and public interest criteria are met.
In some limited circumstances where the evidence is not yet complete but there is immediate risk (for example, risk of harm to the public or flight risk), prosecutors may consider the Threshold Test. This is a separate test allowing charging ahead of full evidence, but it has strict conditions and is not the standard for most cases.
Practical Impact for Fraud Investigations and Charges
In practice:
- Investigations: Fraud investigations often involve detailed forensic analysis of financial records and complex digital evidence. Prosecutors will expect that all reasonable lines of enquiry have been pursued before applying the Full Code Test.
- Charging Decisions: If the evidence demonstrates a realistic prospect of conviction and prosecution is in the public interest, a charge will be authorised. The specific fraud offence charged will reflect the conduct alleged and seriousness.
- Alternatives to Prosecution: In very limited or minor cases where the Full Code Test is met but public interest factors do not favour prosecution, alternatives such as out‑of‑court disposals may be considered. However, this is rare for serious fraud matters.
Common Questions About the Full Code Test and Fraud
Does the Full Code Test Apply to All Fraud Allegations?
Yes. The Full Code Test must be applied to every case that is being considered for prosecution, including all types of fraud offences that are prosecuted by the CPS or other prosecuting authorities.
Can a Case Pass the Evidential Stage but Fail for Public Interest?
Yes. Even strong evidence might be balanced against public interest factors. In such cases, prosecutors may decide not to prosecute if the public interest does not support a court case. However, in most significant fraud cases, the public interest in prosecution will be strong.
What Happens if the Evidential Stage Is Not Met?
If the evidential stage is not satisfied, prosecutors cannot proceed with a charge. The police may be asked to carry out further enquiries to strengthen the case, or the file may be closed with no further action.
Summary
The Full Code Test is a structured legal framework used by prosecutors in England and Wales to decide whether to charge fraud offences. It requires:
- Sufficient evidence showing a realistic prospect of conviction; and
- *Prosecution justified in the public interest.
Both stages must be satisfied before a suspect can be charged. This ensures that decisions to prosecute fraud offences are based on solid evidence and balanced considerations of justice, victim protection, and the public interest.
