The decision to prosecute

Question 1

Name three prosecuting authorities?

Answer 1

Serious Fraud Office, Crown Prosecution Service, Her Majesty’s Revenue and Customs, Department of Work and Pensions, Department for Business Innovation and Skills, Health and Safety Executive, Television Licencing Authority, Service Prosecuting Authority, Office of Fair Trading, Environment Agency.

Question 2

Which case led to a government enquiry led by Sir Henry Fisher?

Answer 2

Confait Case (McBarnet, 1978).

Question 3

What is another name for the Royal Commission on Criminal Procedure?

Answer 3

The Philips Commission.

Question 4

Which Act are the duties for the Criminal Prosecution Service set out?

Answer 4

Prosecution Offences Act 1985 – the key principles under pinning the CPS are independence, fairness, openness and accountability. The CPS must take into account Convention obligations under the HRA 1998.

Question 5

The Code for Crown Prosecutors (CPS, 2013a), is the guide that sets out the application of the principles underpinning the CPS, what is this code supplemented by?

Answer 5

The Director’s Guidance on Charging (CPS, 2013b).

Question 6

The decision to prosecute is governed by the Code for Crown Prosecutors and the Director’s Guidance on Charging, as well as?

Answer 6

The Police and Criminal Evidence Act 1984.

Question 7

Under the prosecution of Offences Act 1985 The Code for Crown Prosecutors is issued by?

Answer 7

Director of Public Prosecutions (DPP) – the Code contains the Full Code Test and Threshold Tests.

Question 8

There are two stages for the Full Code Test: 1) The Evidential Stage - A decision about whether there is enough evidence to provide ‘a realistic prospect of conviction’, i.e. a realistic prospect of success. What is the second stage?

Answer 8

2) The Public Interest Stage - A decision about whether it is in the public interest to prosecute.

Question 9

There are two stages to the Threshold Test: 1) Is there, at least, a reasonable suspicion that the suspect has committed the offence?

Answer 9

What is the second stage? 2) Are there reasonable grounds for believing that further evidence will be found within a reasonable time and that all the evidence will produce a realistic prospect of conviction?

Question 10

According to the code, if the CPS is convinced that an individual has committed a criminal offence, should it always prosecute?

Answer 10

No – see Paragraph 2.4 General Principles.

Question 11

Prosecutors must seek justice for?

Answer 11

Victims, witnesses, defendants, the public at large – see Paragraph 2.2 General Principles.

Question 12

Sections 9-12 of which Act relates to sexual offences with children and young people aged under 18?

Answer 12

The Sexual Offenses Act 2003.

Question 13

The SOA 2003 provides that all offences contained in sections 9–12 are notifiable offences for the purposes of Part 2 of the Act. This means that anyone convicted of these offences will be placed on the Sex Offenders’ Register. What is the maximum length of time a person can remain on the register?

Answer 13

Indefinite if imprisoned for 30 months or more – a non-custodial sentence is five years, imprisonment for six months or less is seven years, imprisonment for over six months, but less than 30 months, is ten years.

Question 14

Is the maximum sentence different for someone under the age of 18 who commits an offence under sections 9-12 of SOA 2003 than a person who is 18 and over?

Answer 14

Yes – the maximum sentence for a person under 18 would be 5 years.

Question 15

Which court normally hears the criminal case for an offender aged between 10 and 17 years?

Answer 15

The youth court – these are less formal than a magistrates court, the public are not allowed to attend and journalists are restricted as they cannot report the names of the young people involved in the case.

Question 16

Under which act can a person who assists in the suicide of another be prosecuted?

Answer 16

Suicide Act 1961. The consent of the Direct of Public Prosecutions is required before a person can be prosecuted for criminal liability for complicity in another’s suicide.

Question 17

In which ECtHR case did judges determine that there was no right to die or to be assisted to die under the terms of the ECHR?

Answer 17

Diane Pretty – Pretty v United Kingdom (2002) 35 EHRR 1 – the court held that there had been no violation of Article 2, 3, 8, 9 and 14.

Question 18

What was the decision by the Supreme Court in the case of Regina (Nicklinson) v Ministry of Justice; Regina (AM) v Director of Public Prosecutions’ (2014)?

Answer 18

The Supreme Court held the decision of the Court of Appeal in dismissing the appeals of Jane Nicklinson, wife of Tony Nicklinson, and Paul Lamb regarding section 2 of the Suicide Act 1961, as amended by section 59(2) of the Coroners and Justice Act 2009, was incompatible with the claimants’ right to private and family life as guaranteed by article 8 of the European Convention on Human Rights. However, the Supreme Court allowed the appeal of the Director of Prosecutions against the decision of the Court of Appeal, that clearer guidance was needed where health care professionals were involved?