role of the CPS

Question 1

Intro

Answer 1

1962 royal commission report suggested all police forces needed to have their own prosecuting solicitors dept.
phillips report said two main criticisms: police were allowing too many weak cases to get to court, different police forces had different standards to decide whether to prosecute.

Question 2

creation of CPS

Answer 2

this led to the creation of the CPS via the Prosecution of Offenders Act 1985.

Question 3

Full code test:

Answer 3

used to decide if a person should be prosecuted.
evidential test: is there a relative prospect conviction? (s23: IF EVIDENCE IS UNRELIABLE THEN PROSECUTION MUST DISCONTINUE)
public interest test: is it in the best interest of the public?
threshold test: only applied when releasing someone is not appropriate due to reasonable suspicion. CPS may charge and wait for evidence to arrive.
prosecuting in court.