Cps Flashcards
Birmingham 6
Group accused of several bombings and lack of cps oversight, police were able to bring in unreliable evidence.
What act created the CPS?
Prosecution of offences act 1985
S10 Prosecution of offences act 1985
Code for crown prosecutors: evidential and public interest test
Public interest test
See if it is in the public interest to prosecute
Kay Gilderdale
Evidence was against her but the CPS didn’t think it would Be in the interest of the public to prosecute.
Under what act can the cps complete the threshold test?
Criminal justice act 2003
What is the threshold test?
Cps will charge the suspect with limited evidence to argue for remand to hold suspect in custody while they collect evidence.
Glidewell Report 1999
Close proximity of the cps and police potentially making them bias
Sources for the public interest test
Detailed in the code for crown prosecutors which is issued under prosecution of offenders act 1985.
Daniel James case
“Daniel James travelled to Switzerland for assisted suicide. The CPS applied the public interest test and decided not to prosecute James’ parents, effectively not applying the Suicide Act 1961 to them.”
Under what ACT is the cps allowed to be in police stations?
Criminal justice act 2003
Under what REPORT should the CPS be in police stations but emphasised independence?
Glidewell report 1999
What is the CPS conviction rate?
80%
What might the CPS conviction rate tell us about police bias?
Police may only focus on collecting CONVICTING evidence for the CPS rather than looking at all outcomes.
s23 criminal justice act 2003
Threshold test
What were daniel james’ parents CHARGED under?
s2 suicide act 1961
CASE to put with the CPS NOT charging after full code test?
Lord Janner 2015: Cps admitted there was enough evidence but didn’t think that it was in the public interest to charge
Casework Quality Standards 2014
Cps must be fair, independent, thorough, and consistent in their decision-making
Abu Hamza 2006
Cps was influenced by media pressure. This means they could also be influenced by police agenda.
What report recommends that CPS should be in police stations to speed processes up?
Narey report 1998
