Victims of crime and the public have a legitimate expectation that those who commit offences will be brought to justice.
‘Offender’ is used to describe a person who has admitted guilt as to the commission of an offence, or who has been found guilty in a court of law. ‘Defendant’ is used to describe a person who has been charged or summonsed and. 'Suspect’ is used to describe a person who is under consideration as the subject of formal criminal proceedings. ‘Victim’ is used to describe a person against whom an offence has been committed, or the complainant in a case being considered or prosecuted by the CPS. The Code for Crown Prosecutors sets out some broad definitions which are used in CPS casework and decision making. Prosecutors must ensure that the law is properly applied, that relevant evidence is put before the court and that obligations of disclosure are complied with. Casework decisions taken fairly, impartially and with integrity help to secure justice for victims, witnesses, suspects, defendants and the public. It is instead the duty of prosecutors to make sure that the right person is prosecuted for the right offence and to bring offenders to justice wherever possible. It is not the role of the CPS to make such determinations. Similarly, a decision not to bring criminal charges does not necessarily mean that an individual has not been a victim of crime. 
A finding of guilt can only be made by a court. The CPS assessment of a case is not in any sense a finding of, or implication of, guilt or criminal conduct. Prosecutors must only start or continue a prosecution when a case has passed both stages of the Full Code Test: (i) the evidential stage followed by (ii) the public interest stage.The Code makes clear it is not the function of the Crown Prosecution Service (CPS) to decide whether a person is guilty of a criminal offence, but to make assessments about whether it is appropriate to present charges for the criminal court to consider. The Code for Crown Prosecutors gives guidance to prosecutors on the general principles to be applied when making decisions about prosecutions.
Annex D - Additional Resources - downloadable English and Welsh versions of this guidance and policy.
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