The CPS Code for Crown Prosecutors sets out the general principles Crown Prosecutors should follow when they make decisions on cases. The Full Code Test has two stages, the evidential stage and the public interest stage.

The public interest stage includes an assessment of the level of culpability of the suspect, which includes consideration of their mental health:  

“Prosecutors should also have regard to whether the suspect is, or was at the time of the offence, affected by any significant mental or physical ill health or disability, as in some circumstances this may mean that it is less likely that a prosecution is required. However, prosecutors will also need to consider how serious the offence was, whether the suspect is likely to re-offend and the need to safeguard the public or those providing care to such persons.”

CPS guidance on Suspects and Defendants with Mental Health Conditions or Disorders has further detail, including the need to consider the evidence of a significant detrimental impact on the suspect’s health or disability of a prosecution, including the proceedings as well as any likely sentence.