cps (p.1 s.b) Flashcards
what is the cps?
the crown prosecution service is an independent agency responsible for prosecuting and charging criminal cases investigated by the police
•independent from:
*police
*government
what is prosecution?
the act or process of holding a trial against a person who is accused of a crime to see if the person is guilty
s10 prosecution of offences act 1985
•the code for crown prosecutors- outlines the evidential and public interest test
-provides guidance on how to apply these tests in real world cases
•sets out the two part test (evidential and public interest test)
what is the evidential test?
the cps must pass the evidential test to prosecute and charge. it is a requirement that demands sufficient and credible evidence
what is the public interest test?
passing the evidential test is not enough. the cps must also satisfy the public interest test which considers societal concerns regardless of the strength of the evidence
prosecution of offences act
gives the cps the power to prosecute
criminal justice act 2003
gives the cps the power to charge
what is charging?
formally accusing someone of committing a crime
what is the threshold test?
the threshold test is when the full file of evidence is not available yet but the seriousness of the case justifies an immediate decision to make a charging decision and object to bail
disadvantages for the threshold test
•infringement to a persons right to liberty
•allows charging on reasonable suspicion only, which for obvious reasons does not require a high standard of evidence during what will be the early stages of generally serious cases
lord janner
•subject to child abuse allegations
•the evidential stage was passed and was charged with 22 counts of sexual assault
•cps did not prosecute due the the public interest test due to his dementia making him unfit for trial; goes against the rule of law
glidewell report 1999
cps based in police stations now- creating a lack of independence
