crown prosecution service

Question 1

explain the 4 points that the establishment/ history of the CPS

Answer 1

1)if arrested, suspect is not prosecuted until it reaches decision of CPS. Prior to CPS in 1986, decision was taken by the police. causing police bias.
2)in 1970 the justice report found problems with police making being:
-prosecution bias
-potential infringement of right to fair trial
-conflict of interests
3)in 1978 Phillips Roya commission recommended the establishment of an independent agency to take charge in prosecuting
4)in 1985, the prosecution of offences act established the crown prosecution service.

Question 2

state the two main events in the History of miscarriages of justice

Answer 2

1)the Birmingham 6
2) the Guildford 4

Question 3

explain the Birmingham 6 case

Answer 3

1)6 Irish men wrongfully convicted in 1975 for pub bombings. and after many legal battles, were excused in 1991. illustrating the flawed police investigation in judicial process.

Question 4

explain the Guildford 4 case

Answer 4

-4 individuals wrongly convicted in 1975 for pub bombings carried out by IRA.
-conviction were based off bad evidence and led to miscarriage of case
-1989 it was overturned after new evidence emerged. highlighting police misconduct

Question 5

state the hierarchy of the CPS

Answer 5

1)attorney general
2)DPP
3)chief Crown prosecution
4)branch crown prosecution
5)lawyers and support staff

Question 6

within the structure of the CPS explain its five main roles

Answer 6

1)advise police on the charge that should be brought against the suspect using CPS charging standards
2)review cases that police present to them
3)prepare cases for court
4)present cases in court as CPS lawyers now have rights to audience
5)decide whether to bring prosecution against suspect

Question 7

within the structure of the CPS explain where it mainly operates

Answer 7

1) the CPS operates across 14 areas in England and Wales. each area i headed by chief crown prosecutor.
2)all 14 are split into branches corresponding to police force and is headed by Branch Crown prosecutor.

Question 8

explain CPS direct

Answer 8

provides out of hours service to the police on charging advice on cases. it is an emergency response 24/7 with a network of 160+ prosecutors throughout ENG+WALES

Question 9

explain what a CPS inspectorate is and when it was set up

Answer 9

1)An independent body that answers to attorney general
2)set up under CPS Inspectorate Act 2000- and its to enhance the quality of justice through independent assessment.

Question 10

explain the code for prosecution and the two tests it consists of

Answer 10

1)used to determine whether to charge a suspect or not with an offence.(contained in S10 of prosecution of offences Act 1986)
2)consists of two tests:
-Evidential test- is there a realistic prospect of conviction
-public interest test- is it in public interest to prosecute.
3)case has to pass through evidential first before moving to public interest test. if it fails–>will not proceed.
4)a threshold test is possible only if code full code test failed but the suspect is believed to still be guilty.

Question 11

Explain what the evidential test is

Answer 11

CPS must be satisfied their is real reasoning for conviction and must have sufficient evidence.

Question 12

state some examples of reliable and unreliable evidence

Answer 12

unreliable
-blurred CCTV
-confession obtained by oppression
-second hand evidence
-eyewitness testimony of a child
reliable
-DNA
-voluntary confession
-eye witness from the scene of crime

Question 12

explain the 7 set of question asked in the public interest test

Answer 12

1)how serious is the offence
2)what is the level of culpability of the suspect
3)what are the circumstances and the harm to the victim
4)was the suspect under 18 at the time of offence
5)impact on community
6)is prosecution proportionate
7)do sources of information need protection

Question 12

explain the 5 questions asked in the threshold test

Answer 12

1)is there a reasonable suspicion that the person arrested has committed the offence
2)can further evidence be gathered for prospect of conviction.
3)does the seriousness or circumstances of the case justify the making of an immediate charging decision
4)are there continuing substantial groups to bail accordance to bail act 1976?
5)is it in the public interest to charge the suspect

Question 12

explain the threshold test

Answer 12

1)is used when the full code test has not past in particular the evidential test due to lack of evidence or they still believe the suspect is still a risk to public.

Question 12

explain the Kay Gilder dale case

Answer 12

1)mother was charged for attempted murder for her terminally ill daughter
2)she attempted assisted suicide for her daughter
3)she wasn’t found guilty as she a “devoted mother who was trying to help put her daughter out of misery

Question 13

what is the result of being charged through threshold test

Answer 13

1)the decision is under review and the full code test should be applied as soon as the anticipated further evidence is obtained.

Question 13

explain the casework quality standards(CQS)

Answer 13

1) is a document produced by the CPS outlining the quality standards the public expected in handling cases
2)it serves as a framework ensuring CPS provide casework across it’s operators, providing transparency, accountability and professionalism in prosecuting cases

Question 13

what the main points of structure of the CQS

Answer 13

1)legal decision making: ensuring fair evidence based decisions
2)case preparation: preparing cases with all necessary evidence
3)representation: efficiently presenting case in the court
4)victim and witness case: treating victims and witness with respect and keeping them informed

Question 14

explain the criticisms and reforms of 1997 Narey review

Answer 14

Criticism: lack of preparation and a considerable delay in bringing cases to the court
reform: case workers were employed and trained to review files and present straight forward guilty pleas in court, which freed up CPS lawyers to deal with more complex cases.

Question 15

explain all 5 criticisms of 1998 Glidewell report

Answer 15

1)12% of cases were discontinued by the CPS where police where charged
2)charges were downgraded in an alarming number of cases
3)tense working relationship between the police and the CPS, with a hostile “blame culture” leads to inefficiency and poor preparation.
4)long delays were reported between arrest and sentence, and distinct lack of preparation
5)many witnesses were unreliable in court, and sometimes did not turn up

Question 16

explain all 3 reforms of 1998 Glidewell report

Answer 16

1)14 areas were divided into 42 areas, corresponding with police areas with a chief crown, prosecutor and each having the responsibility for making the decision to prosecute.
2)CPS based in police services encouraged to collaborate. which helps cut delay in court cases and the intro of criminal justice units has attempted to make working relation more applicable
3)a revised code for CPS was published more with detailed guidance on application of the evidential test.

Question 17

explain the 1999 Macpherson Report and its criticisms and reform

Answer 17

1)was a report written after the murder of Stephen Lawrence, and the police were investigated for potential racism.

criticism: the police were intuitionally racist, and there were serious criticisms of the investigation because the victim was black.

reform: every police force is under a legal obligation to publish racial equality to protect victims and defenders.
created - racial obligation policy: aims to ensure fair treatment and equal opportunity’s for all people regardless of race.

Question 18

explain the 2001 AULD review

Answer 18

introduced criminal justice act 2003- determines the charge that should be brought in all but the minor cases.
ensures correct charge is bought and reduces the number of cases that are cracked trials

Question 19

what are the three aims of “the public prosecution service” - setting the standard(2009)

Answer 19

1)protect public
2)support victims and witnesses
3)deliver justice

Question 20

how was the three aims of “the public prosecution service” able to be achieved?

Answer 20

1)addressing offending and using out of court disposals
2)deciding the charge in most routine cases
3)taking views of victims in account
4)taking decisions independently of any improper influence
5)recovering asses from criminals
6)ensuring witness can give evidence
7)presenting own cases in court
8)helping the court pass an appropriate sentence

Question 21

explain victims code (updated 2021) and the 4 key rights it includes and its aim

Answer 21

1)it outlines 12 rights for victims of crime in England and Wales, ensuring they receive m information and protection.
2)key rights include:
-able to understand and be understood
-be provided with information where reporting the crime
-to be provide with information about compensation
-to be able to make a victim personal statement
3) it aims to ensure victims are treated with respect and are informed

Question 22

explain the victims right t review scheme(updated 2021)

Answer 22

1)allows victims of crime in ENG + wale to request review of decisions made by CPS e.g. dropping charges
2)if victims believe decision was unreasonable they can ask for a second review by senior prosecutor
3)review asses the decision and under it was fair in line with guidelines. victims are informed and actions are taken, ensuring transparency in the legal process

Question 23

explain 4 advantages of the CPS

Answer 23

1)independence of police: ensures fair legal process-police gathers evidence and CPS evaluate it
2)objectives approach/prosecuting: ensures that decisions re based on evidence and legal standard not on emotions, biases etc..
3)better able to deal with complex criminal system
4)not subject to police influence in allocation prosecution briefs

Question 24

explain 4 disadvantages of the CPS

Answer 24

1)reliant on police to do their job: any biases, mistakes etc… impact ability to build a stronger case
2)no statistical evidence to compare CPS position before 1985
3)fail to understand police culture
4)paperwork demands on police