Section B (criminal process CPS)

Question 1

what is CPS

Answer 1

CPS is crown prosecution service which was established under the prosecution of offences Act 1985 as the independent national prosecuting authority for England and Wales.

Question 2

what are the 5 key roles of CPS ?

Answer 2

1- advice the police on cases for possible prosecution
2- review cases submitted by the police for prosecution
3- prepare cases for court
4- present cases at court
5- and their main role- make the decision to charge in all but minor cases and decide what charge should be brought.

Question 3

what is code for crown prosecutors?

Answer 3

this is a public document , issued by the director of public prosecutions under section 10 of the offences Act 1985 , it sets out the general principles crown prosecutors should follow when they make decisions about prosecutions.

Question 4

describe the full code test

Answer 4

this is a two part test followed by prosecutors when deciding whether or not to prosecute.
1- evidential test , is there enough evidence against the defendant , crown prosecutors must consider whether evidence can be used in court and is reliable , crown prosecutors must be satisfied whether there is enough evidence to provide a , realistic prospect of conviction’ against each defendant.
2- public interest test- is it the public interest for the cps to bring the case to the court? , a prosecution will take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour. factors to be consider : - how serious the offence is? or what is the impact on community?

Question 5

describe the threshold test?

Answer 5

in limited cases , where the full code test is not met , threshold test may be applied to charge a suspect.
in order to apply this test whether there is :
1- insufficient evidence currently available to apply
2- seriousness of the case
3- believing that further evidence will become available.
if these conditions are not met the test cannot be applied and the suspect cannot be charges.

Question 6

Advantages and disadvantages of CPS

Answer 6

1- independent and fair
2- treat everyone with respect