Evidential Test
Definition
The threshold question that asks whether there is sufficient admissible evidence to give a realistic or reasonable prospect of conviction. It is the first gate through which a case must pass before a public interest assessment is made.
- Question asked
- Is there sufficient admissible evidence for a realistic prospect of conviction
- Order
- First gate, applied before the public interest test
- Applies to
- Prosecutorial charging decisions
- Outcome if failed
- Case does not proceed regardless of public interest
Common questions
What happens if a case passes the evidential test but fails the public interest test?+
The case can still be discontinued even though the evidence is sufficient, because prosecutors weigh whether proceeding serves the public interest, considering factors such as the offence's seriousness, the suspect's circumstances, and the harm caused.
Is the evidential test the same as the standard used at trial?+
No. The evidential test asks whether a realistic or reasonable prospect of conviction exists, a lower threshold applied by the prosecutor when deciding whether to charge. The trial itself applies the higher standard of proof beyond reasonable doubt.
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