CPS 2 Flashcards
Who prosecuted suspects before the CPS and why did this change?
Before the CPS, it was up to the police whether or not to prosecute an individual
The two main problems with this:
The police both investigating and deciding to prosecute was deemed inappropriate.
Additionally, there was no uniform system of prosecuting meaning decisions were very inconsistent and subject to potential bias
What act established the CPS?
CPS was established under the Prosecution of Offences Act 1985 as an independent and expert body.
Separating the processes of prosecution and investigation.
Who is the head of CPS?
the Director of Public Prosecutions.
What is meant by the ‘Virtual 14th area’
known as CPS Direct which does the out of hours charging decisions.
What are the three main roles of the CPS?
Role 1 – Deciding how to CHARGE an offender
Role 2 – Deciding whether or not to prosecute
Role 3 – PROSECUTING in court
Explain how the CPS decide how to charge an offender?
This power came much later, it was only transferred to CPS from police in the Criminal Justice Act 2003.
CPS lawyers (placed into Police stations or via telephone) decide what to charge an offender with.
Threshold test:
Requires there to be a reasonable suspicion that the suspect has committed an offence AND that it is in the public interest to charge.
o Applied where it is not appropriate to release on bail after charge but evidence to apply Full Code test is not available.
o Decision to charge must be kept under review.
Explain how the CPS decide whether or not to prosecute
Process decides whether the defendant should face trial. This power was given in the Prosecution of Offences Act 1985.
- Decision to prosecute lies with Crown Prosecutor, who will apply the Full Code Test
Uses the Full Code Test: (two stages)
1) Evidential Test – Considers if the evidence can be used in court by asking if the evidence is reliable? MUST pass the evidential test or case will not proceed as evidence will be deemed inadmissible.
2) Public Interest Test – Public interest factors for and against prosecution. Ask questions – e.g. how serious, level of culpability, impact on community, is prosecution a proportionate response?
Explain how the CPS prosecute someone in court
Power given in the Prosecution of Offences Act 1985.
*CPS lawyers present cases in court for prosecution.
- Call and question witnesses, examination in chief, cross examine defence, closing speech.
- Magistrates – CPS lawyers known as Crown Prosecutors.
- Crown – CPS lawyers known as Crown Advocates (or can instruct an independent lawyer with relevant right of audience).
What are some criticisms of the CPS to do with management issues?
o Lack of leadership
o Mislaid files, insufficient time to prepare
o Criticisms made in 2008 CPS Inspectorate report:
36% bail status not recorded,
11% Magistrates and 18% Crow did not record outcome of case).
What is a criticism of the CPS to do with discontinuance of cases?
9.6% of cases in three-year period ending March 2013 (Annual Report 2012-13)
What are some criticisms of the CPS to do with Cracked / ineffective trials?
Cracked trial – defendant pleads guilty at late stage. Waste of time and resources on preparing prosecution.
Ineffective trial – hearing cancelled on day due to go ahead.
Karen Sosa research for Policy Exchange 2013 – cracked and ineffective trials can be as a result of prosecution not being ready, failing to offer evidence or prosecution witness being absent. Waste of time and money.
Outline the problems highlighted in the Glidewell Report 1998
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.
Outline the problems highlighted in the Narey Report 1997
Looked at delays.
CPS representatives placed into Police Stations.
Although some criticised this at reducing the independence of the CPS
Narey reforms considered successful:
- In 2002-3, they secured a 98% conviction rate in Magistrates, including a 70% rate for those pleading not guilty.
- In Crown, 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.
What is the ‘CPS – The way forward’
Police given back charging decision for SOME crimes (Home Secretary Theresa May)
o CPS Annual Report 2012-13 – Police responsible now for 71.5% charging decisions and CPS 28.5%
o Problems with this? Does this go against the rationale for setting up CPS in the first place?
What is ‘The Public Prosecution Service – Setting the Standard’
Published by Keir Starmer, the then-DPP.
3 main aims:
protect public,
support victims and witnesses,
deliver justice
