Government sponsored agencies Flashcards
What are the aims of the cps?
Prior to the Prosecution of Offences Act 1985, the police not only investigated but also prosecuted criminal cases on behalf of the state.
However, in an attempt to promote independence, the CPS became the principle prosecuting authority in England and Wales in 1986.
Decide which cases should be prosecuted, keeping them all under continuous review.
Determine the appropriate charges in more serious or complex cases and advise the police, particularly during the early stages of investigations (CPS Direct).
Prepare cases and present them at court using a range of in-house advocates, self-employed advocates or agents.
Provide information, assistance and support to victims and prosecution witnesses.
how is the cps funded?
The CPS is a government-funded body with the majority of its budget being approved by Parliament: the 2021-22 budget being £663 million.
When costs are awarded by courts, the CPS recovers some of the costs of its prosecutions from defendants. In addition, The CPS recovers criminal assets through its confiscation, restraint and enforcement activities.
what is the philosophy of the cps?
The CPS’s values are stated as being:
Independent and fair
Honest and open
Treat everyone with respect
Behave professionally and strive for excellence
what is the working practices of the cps?
The head of the CPS is the Director of Public Prosecutions, at time of writing this is Stephen Parkinson.
There is a code of practice used to help decide if a prosecution should take place.
It has two parts and both must be satisfied for a prosecution to take place.
The Full Code Test - The Evidential Test:
Considers whether there is sufficient evidence against the defendant.
When deciding this the CPS consider whether the evidence can be used in court and is reliable and credible.
Crown Prosecutors must be satisfied there is enough evidence to provide a ‘realistic prospect of conviction against the defendant
The Full Code Test - The Public Interest Test:
Considers whether it is in the public interest for the CPS to bring a case to court. They will consider:
Seriousness of the offence
Level of culpability of the suspect
Circumstances and harm caused to the victim
Age at the time of the offence (are they under 18?)
Impact on the community
Is prosecution a proportionate response?
Do sources of information require protecting?
what is the types of criminality the cps target?
The Central Casework Division of the CPS deals with complex cases, including international justice and organised crime; special crime; terrorism; and serious and complex fraud.
what is the reach of the cps?
The CPS consists of 14 geographical areas across England and Wales.
CPS Direct is the virtual 15th area available 24/7 to provide the police with charging advice.
