The CPS Flashcards
Before the creation of the CPS how did cases work?
The police were able to decide whether or not to move from charge to prosecution and a police officer would appear for the prosecution in the Magistrates’ Court.
What problems with the legal system led to the creation of the CPS?
It was: unfair (police too concerned with winning or losing a case), inefficient, inconsistent (lack of national system meant there was variation on prosecuting standards).
What Act created the CPS?
The Prosecution of Offences Act 1985.
What is the role of the CPS?
It advises police on a charge using CPS charging standards, it reviews cases that the police present them, it prepares the cases for court, it presents the cases in court and their main role is to decide whether to bring prosecution against the suspect.
What is the structure of the CPS?
The Director of Public Prosecutions(DPP) is the national head of service for the CPS who is appointed by the the Attorney General. The Attorney General is the chief legal adviser to the Crown and oversees the CPS.
What is the role of the Attorney General?
Dealing with questions of law arising on government bills, bringing proceedings for contempt of court and referring unduly lenient sentences to the Court of Appea.
What Act provides that the DPP shall issue a Code for Crown Prosecutors?
s10 of the Prosecution of Offences Act 1985.
What is the first stage of the decision to prosecute?
The Evidential Test - Is there a realistic prospect of conviction? If this stage fails the case will not progress to the next stage.
What is the second stage of the decision to prosecute?
The Public Interest test which considers:
a) How serious is the offence committed?
b) What is the level of culpability of the suspect?
c) What are the circumstances of and the harm caused to the victim?
d) Was the suspect under the age of 18 at the time of the offence?
e) What is the impact on the community?
f) Is prosecution a proportionate response?
g) Do sources of information require protecting?
What is the Threshold Test?
Where the Evidential Test fails but the CPS believes that further evidence will become available within a reasonable time. This test allows them to charge even when evidence isn’t available immediately.
How has accountability of the CPS improved?
The Casework Quality Standards are issued by the DPP and they benchmark the standards for the delivery of the CPS’s work.
What did the Narey Review 1997 find?
There was a lack of preparation and delays in cases.
What did the Glidewell Report 1998 find?
There was a discontinuation of too many cases. It also downgraded charges at an alarming rate. There was a tense relationship between the Police and CPS as they tried to blame each other for case failures.
What did the Glidewell Report 1998 lead to?
The introduction of a Chief Crown Prosecutor in each area. A Criminal Justice Unit has been established to help make working relationships between Police and CPS more amicable.
What is the Victims’ Right to Review?
Since 2013 VRR allows the victim to request a review of the CPS’s decision not to prosecute or terminate proceedings.
