CPS Flashcards
What is the Crown Prosecution Service (CPS)?
An independent agency responsible for the prosecution of criminal cases in England and Wales.
What was the problem with the prosecution process before the CPS was established?
The police had a dual role of investigating and deciding on prosecutions, leading to bias and miscarriages of justice.
What are the main roles of the CPS?
Advise police on cases, review and prepare cases for court, and decide charges in all but minor cases.
What is the significance of the Prosecution of Offences Act 1985?
It established the Crown Prosecution Service as an independent body.
What was one of the key recommendations of the Phillips Commission?
The need for an independent body to handle prosecutions.
What tests do the CPS use to decide whether to charge a suspect?
The Threshold Test and the Full Code Test.
What does the Threshold Test evaluate?
Whether there is reasonable suspicion, admissible evidence, and if prosecution is in the public interest.
What is assessed in the Full Code Test?
Evidential Test and Public Interest Test.
What is the role of the Director of Public Prosecutions (DPP)?
To head the CPS and be accountable to the Attorney General.
What was the outcome of the Glidewell Report regarding the CPS?
It led to the restructuring of the CPS to operate with more autonomy.
What was a major finding of the McPherson Report?
The police were found to be institutionally racist, highlighting systemic issues.
What is the purpose of the Code for Crown Prosecutors?
To provide a framework for prosecutors to decide whether to proceed with a case.
Who is responsible for the CPS’s annual monitoring of racial equality?
Each police force issues a Racial Equality Policy annually.
How has the Access to Justice Act 1999 impacted CPS lawyers?
It allowed CPS lawyers to appear in appeal courts.
What percentage of cases were dropped due to insufficient evidence, according to criticisms of CPS?
Approximately 38% of cases were dropped.
What is a ‘Trial of the Facts’?
A process where a jury considers evidence without delivering a guilty verdict.
What was the outcome of the case involving Lord Janner and the CPS’s decision not to prosecute?
His prosecution was initially deemed not in the public interest due to dementia but faced scrutiny after victims reviewed the decision.
How did the CPS’s decision-making come under fire during the Abu Hamza case?
It demonstrated ongoing tensions and challenges in CPS and police collaboration.
What does the term ‘miscarriage of justice’ refer to?
An incorrect conviction or legal judgment that results in an innocent person being penalized.
Why is the CPS said to be criticized for bureaucratic issues?
Reports suggested they were too centralised and slow to respond, affecting their effectiveness.
