The words "sufficient evidence to prosecute" and "sufficient evidence for a prosecution to succeed", in Code C:16.1 of the Codes of Practice regarding the point where a suspect should be charged, had to involve some consideration of any explanation, or lack of one, from the suspect. It would depend on the facts of a case whether the stage where a suspect ought to be charged has been reached.

CA (Crim Div) (Mantell LJ, Gray J, David Clarke QC)

16/10/1998

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