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 what the Full Code Test is for charging theft offences in England and Wales, how prosecutors apply the evidential and public interest stages under the Code for Crown Prosecutors, and why this framework ensures only appropriate cases proceed to court.
In England and Wales, decisions to charge someone with a criminal offence such as theft must be made carefully and in accordance with established prosecutorial standards. The Full Code Test is the legal framework used by prosecutors - most commonly the Crown Prosecution Service (CPS) - to decide whether a case should proceed to court. It ensures that only cases with sufficient evidence and where prosecution is in the public interest are charged and brought before the criminal courts. Understanding this test helps defendants, victims, solicitors and the public grasp how charging decisions are reached and why some reports of theft do not lead to prosecution.
This article explains the Full Code Test step by step, how it applies in theft cases, the legal process for charging decisions, rights involved, time considerations, practical risks, and answers to common questions.
What Is Theft in English Law?
Theft is a criminal offence defined in section 1 of the Theft Act 1968. A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. Theft covers shoplifting, opportunistic stealing, theft from a person, and other forms of unauthorised taking of property.
The maximum penalties and trial route depend on the circumstances and value involved, but theft is typically triable either way - meaning it can be tried in either a magistrates' court or the Crown Court.
Charging Decisions and the Full Code Test
Before prosecuting an individual for theft, prosecutors must consider whether to charge. In England and Wales, most charging decisions are guided by the Code for Crown Prosecutors, a statutory document that sets out principles and tests for prosecution decisions.
The Full Code Test is the standard applied in most cases where the full body of evidence is available. It has two mandatory stages:
- Evidential Stage
- Public Interest Stage
A case must satisfy both stages for a prosecution to proceed under the Full Code Test. Only in limited circumstances can an alternative test (the Threshold Test) be used when evidence is still outstanding but there are compelling reasons to charge the suspect.
1. Evidential Stage: Is There Enough Evidence to Charge?
The first stage requires prosecutors to determine whether the available evidence is enough to provide a realistic prospect of conviction against the suspect for the offence of theft. This is an objective assessment based on the evidence that may be used in court, and it considers both prosecution and anticipated defence arguments.
For the evidential stage to be met, a prosecutor must be satisfied that:
- There is sufficient admissible, credible and reliable evidence to support each charge;
- A properly directed jury (or bench of magistrates) acting in accordance with the law is more likely than not to convict if the case proceeds.
This “realistic prospect of conviction” test is different from the criminal court's standard of proof (“beyond reasonable doubt”) and is focussed on whether a conviction is more likely than not based on the evidence.
If a prosecutor concludes that the evidential stage is not met - for example, where key evidence is missing or unreliable - the case should not proceed to charge regardless of how serious the alleged theft may be.
2. Public Interest Stage: Is It Appropriate to Prosecute?
Once there is sufficient evidence, the prosecutor must then consider whether proceeding with a prosecution is in the public interest. This second stage is not automatic simply because the evidential stage is met; the prosecutor must assess wider factors about the case's impact and fairness.
Factors tending in favour of prosecution may include:
- Seriousness of the offence and harm caused;
- A high level of culpability or premeditation;
- Whether the suspect has previous convictions.
Factors that may weigh against prosecution could include:
- Low level offending with mitigating circumstances;
- Clear evidence of remorse and willingness to make compensation; or
- Vulnerability of the defendant or victim that prosecution might disproportionately harm.
Prosecutors balance these considerations on a case‑by‑case basis. If the public interest stage is not satisfied, the case should not proceed even if there is enough evidence.
When Is the Full Code Test Applied?
The Full Code Test should be applied:
- After all outstanding reasonable lines of inquiry have been pursued; or
- Earlier, if a prosecutor reasonably believes that further evidence is unlikely to affect the Full Code Test's result.
This ensures that decisions are based on a comprehensive review of available evidence rather than incomplete investigation.
Alternative: The Threshold Test
In limited circumstances - for example, where a suspect remains in custody and there is concern about bail - the Threshold Test may be applied instead of the Full Code Test. To use this test, all five conditions must be met, including reasonable grounds to suspect the suspect committed the offence and that further evidence can be obtained to meet the Full Code Test.
However, the Threshold Test is not a substitute for the Full Code Test; rather, it allows early charging decisions in specific circumstances with the expectation that the Full Code Test will be applied later in the proceedings.
Practical Context in Theft Cases
In theft investigations, the evidential stage often involves reviewing witness statements, CCTV footage, recovered property, forensic evidence and any admissions by the suspect. Prosecutors must consider how a defence might challenge this evidence. A theft case may fail the Full Code Test if, for example, identification evidence is weak or property ownership is disputed.
The public interest stage requires evaluating whether prosecuting the alleged theft is proportionate and aligns with the interests of justice. For low value or first‑offender cases, this may involve considering alternatives such as out‑of‑court disposals if suitable.
Rights and Legal Process After Charging
Once the Full Code Test is met and a suspect is charged, the criminal process proceeds through the magistrates' court, which may handle minor theft cases. More serious theft matters or contested cases can be sent to the Crown Court for trial. Legal representation is strongly advised, and defendants have rights to disclosure, a fair hearing, and, if convicted, the right to appeal sentence or conviction.
Common Questions About the Full Code Test
What if evidence is weak?
If the evidential stage is not met, the prosecution should not charge, even in serious cases. Evidence quality is a critical threshold.
Does meeting the Full Code Test guarantee conviction?
No. The test is about whether it is appropriate to charge. A conviction only occurs if guilt is proved beyond reasonable doubt in court.
Can charges change after initial decision?
Yes. As a case develops, prosecutors review evidence and may alter charges or discontinue prosecution if the Full Code Test is no longer met.
Key Takeaways
The Full Code Test is the statutory framework used by prosecutors in England and Wales to decide whether to charge someone with theft or other criminal offences. It comprises two stages: the evidential stage, requiring sufficient evidence for a realistic prospect of conviction, and the public interest stage, assessing whether prosecution serves broader justice objectives. Only when both stages are satisfied should a prosecution proceed. Understanding this test helps all parties engage with the criminal justice system more effectively and ensures that only appropriate, evidence‑based cases reach court.
