The CPS, bail and youth sentencing Flashcards
What is the crown prosecution service?
The government agency responsible for prosecuting criminals in England and Wales.
What was a problem prior to the CPS?
It didn’t serve the interest of justice to have the police investigating crimes and deciding whether to prosecute.
What does the 2 stage test used by the CPS involve?
The evidential test and public interest test.
What is the evidential test?
Seeing if there is enough evidence to provide a realistic chance of conviction.
What is the public interest test?
Seeing if it is in the public interest to prosecute by looking at the seriousness and the circumstances of the offence.
What is bail?
The temporary release of a person until they have to attend court.
Who can grant bail?
The police and the courts.
What does s4 of the Bail Act 1976 say?
There is a presumption that D should receive bail.
Why might bail not be granted?
Risk of re-offending
Interfering with witnesses
Serious offences
What factors are looked at when deciding whether to grant bail?
Ties to the community
Previous convictions
What offences don’t allow bail?
Murder, manslaughter and rape unless there are exceptional circumstances.
What are different conditions on bail?
Surrendering passport
Curfew
Electronic tagging
What are 2 sentences available when sentencing young offenders?
Detention and training order
Reparation order
