prosecution Flashcards
who prosecutes criminal cases in the uk?
the cps
What legislation gives the CPS sole responsibility for certain proceedings?
The Prosecution of Offences Act 1985 gives the CPS sole responsibility for proceedings initiated by the police, immigration, and the National Crime Agency.
can anyone else prosecute besides the cps?
yes, under s6 anyone can prosecute through private prosecution
can the cps take over a case from a private prosecutor?
yes
what are the options for prosecution?
- NFA: no further action
- caution/diversionary responses
- charge
- custody pending further decision
- out-of-court disposal
What is the function of the CPS regarding prosecutions?
The CPS assesses whether it is appropriate to present charges for the criminal court to consider, but it does not decide if a person is guilty of a criminal offense.
does the cps assessment imply guilt?
no, only a court can make a finding of guilt
what does a decision not to bring charges mean?
it does not mean that an individual has not been a victim of crime, the cps does not determine victim status
how does the cps decide who to charge?
it is the first step in prosecution, the cps applies the full code test once all reasonable lines of inquiry have been pursued
what are the 2 parts of the full code test?
the evidential stage - assess the quality of the evidence
the public interest stage - evaluates the vale of the prosecution to the public
what happens if the conditions for the full code test are not met?
the cps will check the threshold test to determine if charges should still be brought
what is the evidential stage of the full code test?
The Evidential Stage requires “sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge.”
what key questions are asked during the evidential stage? (4)
- Can the evidence be used in court?
- Is the evidence reliable?
- Is the evidence credible?
- Is there any other material that might affect the sufficiency of evidence?
What is the Public Interest Stage of the Full Code Test?
The Public Interest Stage evaluates whether the prosecution is in the public interest.
what questions do the cps asked during the public interest stage? (7)
- What is the level of culpability of the suspect?
- Was the offense premeditated?
- To what extent did the suspect benefit?
- Do they have previous convictions?
- Is it likely that the offense will be committed again?
- How mature is the suspect?
- Were they coerced or exploited?
what are the circumstances of and the harm caused to the victim?
the more harm caused or the more vulnerable the victim = more likely to prosecute
is prosecution a proportionate response?
Consideration of cost vs. benefit; this factor may not be used on its own to decide prosecution
Do sources of information need protecting?
Special care should be taken when proceeding with a prosecution where details may need to be made public that could harm sources of information, ongoing investigations, international relations, or national security.
what is the threshold test?
used in some situations if the full code test is not met yet, all 5 conditions must be met
what is the first condition of the threshold test?
reasonable grounds to suspect that the person has committed the offence, an objective assessment of the evidence and the evidence is reliable/credible and admissible in court
what is the second condition of the threshold test?
further evidence can be obtained to provide a realistic prospect of conviction
what is the third condition of the threshold test?
seriousness or the circumstance justifies the making of an immediate charging decision
what is the fourth condition of the threshold test?
there is continuing substantial grounds to object to bail in accordance with the bail act 1978 and in all the circumstances of the case it is proper to do so
what is the fifth condition of the threshold test?
it is the public interest to charge the suspect (identical to the public interest stage of the full code test)
what section of the bail act 1976, guarantees unless exceptions apply?
s4
what is the nature of police bail under s37 PACE before a charge?
unconditional
what does section 47 (1A) allow for post-charge bail?
allows for the imposition of conditions
which case discusses problematic conditions in bail?
Mansfield justices ex p Sharkey [1985 ALL ER 193]
where are the bail exceptions listed?
schedule 1 of the bail act 1976
what are there 3 substantial grounds for denying bail?
(a) individual will fail to surrender to custody
(b) individual would commit an offence whilst on bail
(c) individual would interfere with witnesses or obstruct the course of justice
what conduct could lead to the denial of bail due to potential offences?
engaging in conduct that would likely cause:
(a) physical or mental injury
(b) an associated person to fear physical or mental injury
is there a note regarding reversal for murder in the context of bail exceptions?
yes
under what circumstances need not the defendant be granted bail?
if the offence is indictable or an offence triable either way, and it appears the criminal was on bail during the crime
what must the court be satisfied about to deny bail for the defendants protection?
kept in custody for own protection action, if they are a child or young adult, for their own well-being
what is the legal status of those held on remand?
not proven guilty, they are considered innocent
What was the rate of self-inflicted deaths per 1,000 prisoners in 2021 for those on remand?
The rate was 2.5 for prisoners on remand and 0.8 for sentenced prisoners.
What percentage of remand prisoners are in prison for the first time?
50%
How does being on remand impact individuals?
impactful on the (innocent) individual
What happens to the time spent on remand if the individual is found guilty?
Time spent on remand is taken off the sentence if the individual is found guilty.
What is a concern for those found innocent after being on remand?
There are questions about the implications for those found innocent after being held on remand.
what is remand?
person held in custody while awaiting a trial or the outcome of their case
