ac 2.1 requirements of CPS Flashcards
1
Q
what is the cps
A
- crown prosecution service, established in 1986
- work closely with the police
2
Q
what do the cps do
A
- advise police in the early stages of investigation
- decide which cases to prosecute
- determine the appropriate charges
- prepare and present cases in court
3
Q
what is the full code test
A
- made up of two stages
- stage 1: the evidential test
- stage 2: the public interest test
4
Q
what is the evidential test
A
- prosecutors must decide that evidence is admissible, reliable and credible
- must decide that the evidence is sufficient enough for an objective, impartial and reasonable jury, magistrate or judge
5
Q
what is the public interest test
A
- prosecutors must decide whether a prosecution is required in the public’s interest
6
Q
what is the process of the public interest test
A
- prosecution must consider:
- how serious is the offence?
- what is the suspects level of culpability?
- what harm has the victim suffered?
- suspect’s age and maturity
- what is the impact of the offending on the community?
7
Q
what is the threshold test?
A
- five conditions which must be met before a suspect can be charged
8
Q
what are the five conditions of the threshold test?
A
- must be reasonable grounds to believe the person has committed the offence
- must be reasonable grounds to believe further evidence can be obtained that will provide a realistic prospect of conviction
- crime is serious enough to justify charging the suspect immediately
- must be substantial grounds to object to bail
- must be on the public interest to charge the suspect
