Which term refers to the evidential standard used to determine if a case should be prosecuted?

• A. Public Interest Test
• B. Crown Court
• C. Evidential Test
• D. Barristers' Chambers

Answer: (C)

The key idea here is the two-stage charging decision used by prosecutors. The first stage is the evidential test, which asks whether there is enough evidence to provide a realistic prospect of conviction. In practical terms, that means the evidence must be strong enough that a reasonable jury or judge could convict based on what would be presented at trial. If there isn’t a realistic prospect of conviction, pursuing charges isn’t justified because the case would likely fail.

If the evidential test is passed, prosecutors then consider the public interest test to decide whether it is appropriate to prosecute, taking into account factors like seriousness, impact, and resource implications. The other options aren’t about evidential sufficiency or are simply not tests for charging decisions (they refer to a court or a professional body). So the term that matches the evidential standard used to determine if a case should be prosecuted is the evidential test.