CPS

Question 1

What is the Crown Prosecution Service (CPS)

Answer 1

The CPS is an independent body helping to prosecute criminal cases that have been investigated by the police and other investigative organisations in England and Wales. The CPS is independent, and make decisions independently of the police and government.

Question 2

History of the CPS. Why was it set up? + case example

Answer 2

Prior to the CPS there was a dual role of the police – They use to both arrest and prosecute suspects which led to a lot of bias and miscarriages of justice.
CPS introduced to provide balance and checks.

CPS helps to prevent miscarriages of Justice, for example:

• Birmingham 6 - six Irishmen who were each sentenced to life imprisonment in 1975 following their false convictions for the 1974 Birmingham pub bombings. Their convictions were declared unsafe and unsatisfactory and quashed by the Court of Appeal on 14 March 1991

Phillips Commission 1978 ‒1981
The United Kingdom’s Royal Commission on Criminal Procedure presents recommendations on the investigation of offenses and the prosecution of offenders.

Question 3

What are the 5 key roles of the CPS?

Answer 3

5 key roles:
1. ADVISE the police on cases for possible prosecution
2. REVIEW cases submitted by the police for prosecution
3. PPREPARE cases for court
4. PRESENT cases at court.

And their main role:
5. DECIDE - To make the decision to charge in all but minor cases AND decide what charge should be brought.

Statutory Charging under Criminal Justice Act 2003.

Question 4

How many areas in England and Wales is the CPS divided into?

Answer 4

14

Question 5

Who heads each CPS Branch

Answer 5

Each branch is headed by a Branch Crown Prosecutor.

Question 6

What is the out of hours service to Police called and its purpose?

Answer 6

CPS direct, an out of hours service to the police to provide charging advise

Question 7

Describe the hierarchy in the CPS

Answer 7

• Attorney General
• Director of Public Prosecutions (DPP)

Each of the 14 areas then has:
* Chief Crown Prosecutor
* Branch Crown Prosecutor
* Solicitors and Support staff.

Question 8

What is the CPS Inspectorate?

Answer 8

CPS Inspectorate – Set up after a recommendation by Sir Iain Glidewell in this 1999 report.

It is an independent body answerable to the Attorney General set up under the Crown Prosecution Service Inspectorate Act 2000.

Role: To enhance the quality of justice through independent inspection and assessment of prosecution services, and in doing so, to improve the effectiveness and efficiency of the CPS.

Question 9

What is the Code of Crown Prosecutors?

Answer 9

Code of Crown Prosecutors – The code of practice that Crown prosecutors use to determine whether to charge a suspect with an offence. The code is contained within s10 Prosecution of Offences Act 1985.

Question 10

s10 Prosecution of Offences Act 1985 - Describe the Evidential Test.

Answer 10

Evidential Test
Is there a realistic prospect of conviction?

a) Is the suspect a bail risk?
b) Is not all the evidence available?
c) Is there reasonable suspicion?
d) Can further evidence be gathered to provide a realistic prospect of conviction?
e) Evidence available must be relevant and admissible.
f) Is it in the interest of the public to prosecute?
g) Is the crime serious enough to justify charging a suspect immediately?

Question 11

s10 Prosecution of Offences Act 1985 - Describe the Public Interest Test.

Answer 11

Public Interest test
Is it in the interest of the public to prosecute?
a) How serious is the offence committed?
b) What is the level of culpability of the suspect?
c) What are the circumstances of and the harm caused to the victim?
d) Was the suspect under the age of 18 at the time of the offence?
e) What is the impact on the community?
f) Is prosecution a proportionate response?
g) Do sources of information require protecting?

Question 12

What is PACE?
What happens if evidence has been collected by breaching PACE?

Answer 12

PACE in UK law
The Police and Criminal Evidence Act 1984 codes of practice regulate police powers and protect public rights

Question 13

What happens if evidence has been collected by breaching PACE?

Answer 13

The judge will exercise discretion to exclude evidence under s78 PACE where the evidence would have such an adverse effect on the fairness of the trial that it ought not to be admitted.

Question 14

Name the Casework Quality Standards

Answer 14

Standard 1: Victims, Witnesses and Communities

Standard 2: Legal Decision Making

Standard 3: Casework Preparation

Standard 4: Presentation

Question 15

Criticisms of the CPS

Answer 15

• Downgrading cases
• Discontinuing cases
• Cracked ineffective trials
• Judge ordered acquittals
• Objectivity in the CPS
• Racism
• Lack of clarity for certain cases (e.g. * historic sex abuse cases, assisted suicide)
• Poor management

Question 16

Positives aspects of CPS

Answer 16

• Independence
• Expertise
• Consistent and fair decisions
• Provide checks and balances on police convictions.
• Saves money by considering likelihood of conviction, reducing expensive court cases.
• Saves time and resources in an expensive legal system.

Question 17

Reforms of the CPS - There have been several reports that have suggested reforms to the CPS can you name them?

Answer 17

• Glidewell Report 1998
• Narey Report 1997
• The Public Prosecution Service- ‘Setting the Standard’ 2009
• CPS annual reports

Question 18

Glidewell Report 1998 - main points

Answer 18

At the time 12% cases were discontinued.
* Found tension between Police and CPS, failure to cooperate and communicate.
* High number of judge-ordered acquittals.
* CPS was reorganised into 42 areas (one for each Police force) – however, now (since April 2011) there are 14 areas (13 geographical and one ‘virtual’).
* CPS work directly and more collaboratively in Police Stations in Criminal Justice Units.

Question 19

Narey Report 1997 - main Points

Answer 19

• Looked at delays.
• CPS representatives placed into Police Stations.
• Some criticised this at reducing the independence of the CPS (see reasons CPS was set up to begin with).
• Narey reforms considered successful 2002-3: -
• Magistrates court - 98% conviction rate, including a 70% rate for those pleading not guilty.
• Crown court, there was a 90% conviction rate (14% increase).
• Narey introduced lay caseworkers to deal with straightforward guilty pleas and non-contentious cases in Magistrates. This frees up qualified lawyers.

Question 20

The Public Prosecution Service- ‘Setting the Standard’ 2009 - Main points

Answer 20

The Public Prosecution Service – Setting the Standard Published by Keir Starmer, the then-DPP (Director of Public Prosecutions)
3 main aims:
1. protect public,
2. support victims and witnesses,
3. deliver justice.

Question 21

CPS annual reports - what do they cover?

Answer 21

Each year, the Crown Prosecution Service presents its Annual Report to the Attorney General and Parliament. The report presents an overview of the Service’s performance, make-up and achievements over the past financial year