C9: Key stakeholders Flashcards
Which government department supervises the Police, Crime reduction and Counter-terrorism?
The Home Office
Which government department supervises the Courts, Judges, Magistrates, Legal Aid Agency, Legal profession, Prison and Probation?
The Ministry of Justice
Which government department supervises the Attorney General, the Solicitor General and the DPP?
The Attorney General’s Office.
Who leads each police force?
A Chief Constable or a Commissioner.
What is the NPCC?
The National Police Chiefs Council
Which two parties commence the most prosections?
The police or the Crown Prosecution Service (CPS).
Who do police forces answer to in their local area?
Local Police and Crime Commissioners (PCCs) - elected officials charged with being the voice of the people and hold the police to account.
Who is the head of the CPS?
The Director of Public Prosecutions (DPP)
What are the responsibilities of the CPS?
- determining which offences should be charged, following the police investigation
- preparing cases for the Magistrates’ or Crown Court
What are the three levels of a Crown Prosecutor?
Senior Crown Prosecutor
Crown Prosecutor
Associate Prosecutor (non-impressionable summary-only offences)
Which piece of legislation created the CPS?
s1 Prosecution of Offences Act 1985
Which section of the POA 1985 allows an individual to bring a private prosecution, e.g. RSPCA or Railway companies?
s6(1) POA 1985
Which section of the POA 1985 allows the DPP to take over an individual’s private prosecution?
s6(2) POA 1985
What must all Crown Prosecutors follow?
The Code for Crown Prosecutors
Which two tests can the CPS apply to a case when deciding whether to charge and what the appropriate charge will be, under the Code for Crown Prosecutors?
The Threshold Test
The Full Code Test
What are the two stages of the Full Code Test?
- Evidential stage - sufficient evidence to achieve a realistic prospect of a conviction.
If evidential stage is passed:
- Public interest stage - must be in the public interest for the suspect to be charged.
If public interest stage is passed, the case can proceed. If no
What will happen if the Full Code Test is not passed?
A trial will not proceed and the Crown Prosecutor will look at an out of court disposal (e.g. paying for damage).
Which 6 factors will be considered in the public interest stage?
- Seriousness of offence
- Suspect’s level of responsibility
- harm caused
- Suspect’s age/maturity
- Impact on the community
- Sources of information that require protection.
Somesh is 18 and does not have any previous convictions. He has caused low value damage to a large retail premises. His DNA has been found on broken glass at the scene. Will his case pass the Full Code Test?
Evidential: yes, there is enough evidence for a realistic prospect of conviction.
Public Interest: Possibly not, the potential to prejudice him by creating a criminal offence might outweigh the level of harm cause and culpability of the accused.
In this situation, he may just be given an out of court disposal, e.g. paying for damage.
What is the Threshold Test and when will it be used?
The Threshold Test - where the Full Code Test cannot be met but the overall circumstances of the case justify the making of a charging decision and there are grounds to refuse release of the suspect on bail.
When can the Threshold test not be used?
It cannot be used for non-imprisonable summary-only offences.
What are the 5 conditions to be met under the Threshold Test?
- REASONABLE GROUNDS to suspect they have committed the offence
- FURTHER EVIDENCE can be obtained to provide a realistic prospect of conviction
- Circumstances mean an IMMEDIATE CHARGING DECISION should be made
- Substantial grounds to REFUSE BAIL
- In the PUBLIC INTEREST to charge the suspect
All must be met in order to charge the suspect.
What happens after the Threshold Test?
More evidence must be gathered and if it is not enough to qualify for the evidential stage under the Full Code Test, the suspect must be released.
What 4 important initiatives have the CPS released to prioritise the care of witnesses and victims?
- Casework Quality Standards
- Code of Practice for Victims of Crime
- Witness Charter
- Victim Personal Statements