Topic 7: Role And Effectiveness Of The CPS Flashcards
What is the main aim of the CPS?
To prosecute crime in England and Wales
When was the CPS established and what power did it recieve under CJA2003?
The CPS was established under the Prosecution of Offences Act 1985 and were given power to decide charges in all but minor offences under the criminal justice 2003
Why was the CPS created?
To promote independence since the police were now left to only investigate crime not prosecute them
What are the 4 key values the CPS aim to uphold?
Be independent
Be honest
Be respectful
Behave professionally
What is the main responsibility of the CPS in relation to criminal cases?
The CPS must decide which cases to prosecute, the appropriate charge and keep all cases under review. The CPS prepare and present cases in court
How many geographical areas does the CPS have and what is the purpose of CPS direct?
The CPS has 14 geographical locations
CPS direct is available 24/7 to advise police with charging advice
Who is the current head of the CPS
The current head of the CPS is Director of Public Prosections Max Hill
What is the 2 part test?
Evidential test - whether evidence is reliable and credible enough for there to be a realistic prospect of conviction
Public interest- whether it’s in the public’s best interest to prosecute
When can the threshold test be applied?
The threshold test can be applied when a suspect presents a substantial bail risk and not all evidence is available at time of release from chstody
What are the evaluation points for the effectiveness of the CPS
+ independence and Due process
- falling prosecution rates
- resource issues leading to police dependence
- high profile failures
Evaluate falling prosecution rates as a limitation of the CPS
P: a limitation of the CPS is that prosecution rates have fallen despite rising crime
E: for example, recorded crimes rose from 3.9 million to 5.3 million between 2011 and 2019 yet prosecutions fell by 46% in the same period
E: this is a limitation because it could mean that crime is going unpunished and offenders aren’t being held culpable for their actions
Evaluate independence as a strength of the CPS
P: a strength of the CPS is that they play a crucial rule in fairness since they act independently from the police
E: for example, the full code test ensures a uniform and fair approach to prosecution decisions
E: this is a strength because this process supports the due process model of justice, preventing bias and ensuring cases proceed based on reliable evidence and public interest rather than investigative pressures
Evaluate resource issues as a limitation of the CPS
P: a limitation of the CPS is that they lack resources which leads to a dependence on the police in case
E: for example, cases have been throwing out due to prosecution failures in disclosing evidence.
E: this is a limitation because the CPS is forced to rely on police as gatekeepers of evidence, reducing independence and compromising fairness
Evaluate high profile failures as a limitation of the CPS
P: a limitation of the CPS is that there has been high profile failures
E: for example, in the Damilola Taylor case, poor trial preparation led to failed prosecutions and significant delays in convicting the real killers. There has also been 47 rape cases collapse in 2018 due to evidence not being disclosed with the defence
E: this is a limitation because these high profile dangers highlight systematic weaknesses in CPS case handling and trial preparations, raising concerns about its overall effectiveness
