The main proposed revisions to the Code are:
Disclosure: This is included for the first time as part of Evidential Stage: when assessing whether there is sufficient evidence to charge, prosecutors must consider the potential impact of any other material.
Proceeds of Crime: Prosecutors are instructed to consider proceeds of crime at various stages of a case: when considering the public interest in charging a suspect; when selecting charges; when making submissions on court venue; and when considering a defendant’s offer of a plea.
The Threshold Test: This has been clarified and simplified, to ensure it is only applied when necessary. Review of the Threshold Test is to be carried out earlier, by the time the prosecution case is served. We have also extended the use of the Threshold Test to cases where it is not appropriate to apply the Evidential Stage of the Full Code Test, due to outstanding reasonable lines of enquiry.