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<p>The Crown Prosecution Service (CPS), in making its decision on whether or not a
case should be prosecuted, will always apply the two-stage test set out in the <a
href="https://www.cps.gov.uk/publication/code-crown-prosecutors" target="_blank">Code
for Crown Prosecutors</a> (the Code).</p><p> </p><p>The Code is issued by the Director
of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985.
The Code gives guidance to prosecutors on the general principles to be applied when
making decisions about prosecutions.</p><p> </p><p>The first stage (the evidential
stage) requires the prosecutor to be satisfied that there is a realistic prospect
of conviction on the evidence. The second stage (the public interest stage) requires
the prosecutor to be satisfied that the prosecution is in the public interest. The
case will not proceed unless both stages of the test are met.</p><p> </p><p>The CPS
provides <a href="https://www.cps.gov.uk/legal-guidance/road-traffic-charging" target="_blank">legal
guidance</a> to assist prosecutors in charging cases involving fatal road traffic
collisions. It outlines the charging standards and factors for consideration when
prosecution decisions are taken.</p><p> </p><p>In order to ensure consistency of approach,
charging decisions in all fatal collision cases are required to be approved by a Chief
Crown Prosecutor (CCP), a Deputy Chief Crown Prosecutor (DCCP), or a senior decision-maker
nominated for the role by the CCP or DCCP.</p>
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