Criminal investigation stages compared

The stages side by side

Investigated is not charged

Most recorded crime in England and Wales does not lead to a charge. In the year ending March 2026, 7.3% of victim-based offences resulted in a charge or summons, up from 6.3% in the year to March 2025 ². 40.9% were closed with no suspect identified, against 42.1% the year before ². 39.0% were closed with evidential difficulties outcomes ².

The Home Office notes that charge or summons rates for recent offences are expected to rise as more investigations close ². A figure for one year is a snapshot of outcomes assigned so far.

England and Wales: the Code for Crown Prosecutors

The Code for Crown Prosecutors, in its eighth edition, sets the Full Code Test. At the evidential stage the prosecutor must be satisfied there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. At the public interest stage the prosecutor asks whether a prosecution is required in the public interest ¹.

The Threshold Test is for limited cases where the Full Code Test is not yet met. All five conditions must be met. They include reasonable grounds to suspect the person committed the offence, a realistic prospect of obtaining further evidence, seriousness that justifies an immediate decision, continuing substantial grounds to object to bail, and a public interest in charging ¹. The Code states that final responsibility for whether a case goes ahead rests with the CPS ¹.

Once charged, the person receives a charge sheet. Police decide on release, with or without bail conditions, or custody until court. The first hearing is at a magistrates' court, even if the trial will later be at the Crown Court ⁷.

United States federal: probable cause and the grand jury

The Justice Manual says prosecutors should consider action once they conclude there is probable cause to believe a person has committed a federal offense ³. They should commence or recommend prosecution if the admissible evidence will probably be sufficient to obtain and sustain a conviction. There are three exceptions: no substantial federal interest, effective prosecution in another jurisdiction, or an adequate non-criminal alternative ³.

The Justice Manual encourages prosecutors, in appropriate cases, to notify a target a reasonable time before seeking an indictment. Notice is not appropriate in routine clear cases or where it might jeopardize the investigation ⁴. Grand jury material is covered by the secrecy rules in Federal Rule of Criminal Procedure 6(e) ⁴.

Canada federal: the decision to prosecute

The Public Prosecution Service of Canada guideline on the decision to prosecute, revised 7 March 2023, says Crown counsel proceed only where there is a reasonable prospect of conviction and the prosecution is in the public interest ⁶. The guideline refers to charge referral by the investigative agency and says Crown counsel are responsible in the end for the decision to prosecute ⁶.

Terms that are easy to confuse

• Subject and target: a subject's conduct is within the scope of a US grand jury investigation. A target is a putative defendant with substantial evidence linking them to a crime ⁴.
• Threshold Test charge and Full Code Test charge: the first allows an early charge where further evidence is expected. The second requires a realistic prospect of conviction now ¹.
• Indictment and conviction: a grand jury decides whether a defendant must stand trial. At trial the government must prove guilt beyond a reasonable doubt ⁵.