CPS

Question 1

CPS - The way forward

Answer 1

• Police given by charging decision for some crimes
• CPS Annual Report 2012-13 - Police Responsible for 71.5% of charging decisions
• Conflicts original purpose of CPS

Question 2

Gildwell Report 1998

Answer 2

• 12% of cases discontinued
• Tension between Police and CPS
• High No. of Judge ordered aquittals
• CPS was reorganised into 42 areas (Now 14)
• CPS wot wokr directly in POlice Stations

Question 3

Narvey Report 1997

Answer 3

CPS representitives placed into police stations
- 2002-3 secured 98% conviction rate in Magistrates
- 90% in crown up 14%
- Introduced lay caseworkers to deal with striaght forward and non-contensious cases

Question 4

Safraz Ibrahim

Answer 4

Senior CPS Barrister caught in sting By SOCA for accepting a bribe

Question 5

Cash for Peerages Scandal

Answer 5

CPS refused to prosecute alleged violations of the Honours Act 1925

Question 6

Karen Sosa Research for Policy Exchange

Answer 6

Cracked and ineffective trails, resulted from prosecution not being ready
or
Defendants pleading guilty at later stage wasting time and resources
Ineffective trials - cancelled same day

Question 7

Discontinuation of Cases

Answer 7

9.6% cases in 3yr period ending in 2013
- Crown prosecutor either not ready or dropped charges

Question 8

Threshold Test

Answer 8

1. Reasonable suspicion that suspect has committed an offence and in public interest to prosecute
2. Futher evidecne cam be obtained to provide a realistic prospect of conviction
3. Seriousness of the case jstufies an immedidate charging decision
4. grounds to object to bail
5. Decision to charge under constant review

Question 9

When is Threshold Test used

Answer 9

in limited circumstances where full code test not met

Question 10

Public Interest Test

Answer 10

• Serioussness
• Level of culpability
• Harm caused to V
• Was Suspect under 18?
• Impact on community
• Is prosection as proportionate response
• Do sources of info need protecting

Question 11

Evidential Test

Answer 11

Realistic prospect of convition
- is evidence reliable

Question 12

Full Code Test

Answer 12

Evidential Test + Public Interest Test

Question 13

Royal Comission on Criminal Procedure - Philliphs Commission

Answer 13

• Unfair, Inefficent and lack of accountability
• V’s given false hope
  1978 - 19% of aquittals judeg ordered
  43% of aquittals due to lack of evidence
  Led to creation of CPS

Question 14

Prosecution in England and Wales 1970

Answer 14

Critised role of police for both arrest and charging

Question 15

CPS Act

Answer 15

Prosecution of Offences Act

Question 16

Maxwell Confait Case

Answer 16

Various youths with learning difficulties were accused of murdering Maxwell Confait and then setting fire to his flat. They had a history of setting fires. Through oppressive questioning, confessions were attained. Due to no prosecution investigation, they were convicted. Upon appeal, the convictions were overturned due to the illegal questioning and a post-mortem report that alibied the defendants. The major failings by the police and prosecution led to public outrage and a Royal Commission being appointed.