Prosecution and Plea Bargaining

Question 1

Purpose of Criminal Law

Answer 1

Defines the acts that may lead to an arrest, prosecution, and imprisonment.
Prohibits conduct that causes or threatens the public.

Question 2

What is prosecution?

Answer 2

Action of charging someone w a crime and putting them on trial.

Question 3

What are the organisations that can make the decision to prosecute?

Answer 3

1. The crown prosecution service (most cases)
2. HM revenue and Customs (tax offences)
3. Department for work and pensions (illegal importation of drugs)
4. Serious fraud office (benefit fraud)
5. Health and safety executive (corporate homicide)
6. RSPCA (animal cruelty)
7. Private prosecution

Question 4

What are the current issues within the CPS?

Answer 4

Cases collapsing over disclosure failures.
Declining public confidence in how CJS responds to violence against women.

Question 5

What is the main prosecution authority?

Answer 5

Crown prosecution, established on the Prosecution of Offences Act 1985

Question 6

What are CPS’s functions?

Answer 6

Decides which cases should be prosecuted.
Determinate the appropriate charges in more serious or complex cases and advises the police.
Prepares cases and presents them at court.
Provide info, assistance and support to victims and prosecution witnesses.

Question 7

What are the CPS’s values?

Answer 7

1. Independence and fairness
2. Honestly and openness
3. Respectfulness
4. Professionalism and excellence

Question 8

What do they follow to make the decision to prosecute?

Answer 8

the Crown Prosecution Service Code

Question 9

How many stages are in the CPS Code?

Answer 9

2

Question 10

What is the CPS Code stage 1?

Answer 10

evidence stage.

Question 11

CPS Code stage 2?

Answer 11

public interest stage

Question 12

In the evidence stage what should be taken into account?

Answer 12

there must be a realistic chance of conviction against each charge: would a jury or magistrate properly directed, in accordance w the law, be more likely than not to convict the defendant?

Question 13

What should be taken into account in the public interest stage?

Answer 13

How serious is the offence?
what is the lvl of culpability?
what are the circumstances of and the harm caused?
what was the impact on the community?

Question 14

What are the additional factors that have to be considered for prosecution to proceed?

Answer 14

does the defendant have immunity? (age of criminal responsibility, diplomatic immunity)
is the offence time barred?

Question 15

Why in the case of Mark James, his parents were not charged? (Euthanasia)

Answer 15

Bc of the CPS Code stage 2, in which it was not in the public interest + it was clear it was Mark’s own decision and his parents did not have any influence.

Question 16

What are the “in favour of prosecution” in the new CPS Guidance - 5 October 2023

Answer 16

1. the suspect influenced the victim to not seek treatment, professional advice or denied access to such care/support.
2. the suspect was acting in their capacity as medical doctor, nurse, or other healthcare professional and the victim was in their care.

Question 17

What are the “against prosecution” in the new CPS Guidance?

Answer 17

1. the victim had reached a voluntary, clear, settled and informed decision that they wished for their life to end.
2. The actions of the suspect may be characteries as reluctant, in the face of significant emotional pressure due to the victims wish for their life to end.

Question 18

“the defendant may enter the guilty plea for which offered consideration after concession?”

Answer 18

Plea Bargaining

Question 19

what are the types of guilty plea?

Answer 19

1- between judge and accused: ask for indication of likely sentence to allow defendant to make a choice and plead guilty
2- between prosecutor and accused: come to an agreement where they prosecutor then asks for a more lenient sentence
3- agreement by the prosecutor to accept a guilty plea to a lesser charge
4- agreement w prosecutor not to proceed on one or more counts

Question 20

one third reduction?

Answer 20

guilty plea at first stage of proceeding

Question 21

one quarter decreasing?

Answer 21

guilty plea after the first stage

Question 22

some crimes (guilty plea)

Answer 22

can not have a reduction more than 80%

Question 23

Why is the system running out of prison space?

Answer 23

bc they are sending ppl to prison for longer (not bc they r sending more ppl)

Question 24

What was the Ministry of Justice response?

Answer 24

• prisoners convicted of rape and equivalent offences are not eligible for automatic release part-way
• lower lvl offences can leave 18 days before their automatic release date
• custodial sentence less than 12 months will be suspended adn replaced by punishment in the community
• early removal scheme to send immigrants back to their country
• consideration of whether to extend discount for their early guilty pleas
• reviewing recall