The Crown Prosecution Service Flashcards
Who made the decision to prosecute prior to the cps?
The police
Briefly, what is the history of the cps?
1970 - justice report, problems with prosecution role of the police
1978 - Philips royal commission recommend independent prosecuting agency
1985 - the prosecution of offences act
What happened in 1970?
The justice report identified problems with the prosecution role of the police, it identified they were bias. They spent time investigating the crime so wanted a prosecution, there were a high number of cases where the police tampered with evidence
What did the justice report 1970 identify?
There were problems with the prosecution role of the police. It identified they were not impartial, they were bias towards a prosecution as they invested time investigating the crime. It was found evidence had been tampered in a high number of cases leading to miscarriages of justice.
In what year was the justice report?
1970
What happened in 1978?
The Phillips royal commission recommended the establishment of an independent agency to take charge of prosecution suspect
In what year was the Phillips Royal Commissions recommendation?
1978
What did the Phillips Royal Commission recommend?
The Phillips royal commission recommended the establishment of an independent agency to take charge of prosecution suspect
What happened in 1985?
The prosecution of offences act was established
What year was the prosecution of offences act created?
1985
What did the Prosecution of Offences act 1985 establish?
The crown prosecution service
In what year was the crown prosecution service created?
1985
Who heads the cps?
The director of public prosecutions, currently Alison Saunders
Who is Alison Saunders?
The Director of Public Prosecutions, which heads the CPS
Who is Alison Saunders answerable to?
The attorney general
When does the CPS take control of the case?
When the police have finished collecting evidence and conducting the investigation
What are the CPS’s roles?
Advises the police if the charge that should be brought against the suspect using CPS charging standards
Reviews cases the police present to them
Prepares cases for court
Presents cases in court
Decide whether to bring a prosecution against the suspect
What’s the CPS’s main role?
To decide whether to bring prosecution against the suspect
How many cases dealt with by the CPS resulted in conviction? And date?
2008-2009 80.7%
What is the code of practice?
The practice for deciding whether to prosecute or not
Where is the code of practice contained?
S10 of the Prosecution of Offences act 1985
What is the S10 of the Prosecution of Offences act 1985 relevant to?
It is where the code of practice is contained
What are the stages within the code of practice?
Stage 1 - the evidential test
Stage 2 - the public interest test
What is the evidential test?
This is an objective test where the CPS ask questions such as is there a realist prospect of conviction? Is the evidence sufficient, reliable and admissible?
What is reliable evidence?
DNA, voluntary confessions, eye witnesses from the scene of the crime
What is unreliable evidence?
Blurred cctv, hearsay, confessions obtained by oppression
What happens if the case fails the evidential test?
It will not progress to the next stage and the defendant will not go to court
Why was the cps established?
To take the responsibility for making the decision as to whether to prosecute
What is the second stage of second whether or not to prosecute?
The public interest test
What is the public interest test?
There are factors which need to be considered to determine whether it is in the public interest to prosecute
Where are the factors which need to be considered in the public interest set out?
S10 Prosecution of Offences act 1985
What are the factors in favour of prosecution?
The offence involved a weapon
The offence was committed against someone serving the public
The conviction is likely to result in a significant sentence
What are the factors against prosecution?
The suspect has put right the loss or harm that was caused
The offence was committed as a result of a genuine mistake or misunderstanding
The suspect played a minor role
What are controversial cases for the CPS?
Mercy killings
What is the CPS’s stance on mercy killings?
That it will nearly always be in public interest to prosecute
Who stated ‘it would always be in public interest to prosecute’ those who have committed mercy killings?
The DPP (director of public prosecutions) at the time, Kier Starmer
What is an example of a mercy killing?
Francis Inglis
How can a defendant be prosecuted against even if their case fails the evidential test?
It can be referred to the threshold test
What is the threshold test?
This is a test which is applied when a case fails the evidential test but it is believed the suspect is too much of a risk to be released
What questions are asked in the threshold test?
Will the suspect be charged?
Is their a realistic prospect of conviction?
Is there a reasonable suspicion that the person arrested has committed the offence in question?
What happens if the case passes the threshold test?
It will proceed to the public interest test
Briefly, what are the criticisms of the CPS?
1997 the Narvey review
1998 Glidewell report
What happened in 1997?
Narvey review
In what year was the Narvey review?
1997
What happened in 1998?
The Glidewell report
In what year was the Glidewell report?
1998
What was said in the Narvey review in 1997?
Lack of preparation
Delays in bringing cases to court
What happened in response to the Narvey review 1997?
Case workers were employed to review files and present straightforward guilty pleas in court to CPS lawyers to deal with more complex cases in court
What was said in the Glidewell report 1998?
That too many cases were discontinued (12%)
Tense relationship between the police and CPS which created a hostile blame culture. This contributed to poor preparation and delays
It downgraded charges in an alarming number of cases
What happened in response to the Glidewell report 1998?
The CPS is now based in police stations to encourage a better working relationship, criminal justice units have also assisted this
A revised code for Crown Prosecutors was published
What is evidence that there is still tension between the CPS and police?
In 2006 the police complained about the unwillingness of the cps to prosecute in the Abu Hamza case despite considerable evidence
What happened in 2006?
In 2006 the police complained about the unwillingness of the cps to prosecute in the Abu Hamza case despite considerable evidence
What did the Auld review recommend in 2001?
Statutory charging
What happened in 2001?
The Auld review
In what year was the Auld review?
2001
Who recommended statutory charging?
The Auld review 2001
What happened in response to the Auld review 2001?
Since 2006 the CPS is now responsible for charging serous or complex cases; this is no longer the polices role. This has reduced the number of discontinued cases
