UNIT 3 Flashcards
what are the main responsibilities of the CPS
are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation.
what do the CPS do
they decide if the case has enough evidence to charge them.
what would be the aim of the CPS
be to get a conviction and get the offender sentenced.
when was the CPS established
1986
what is the CPS primarily made up of and what do they act as in cases
lawyers (solicitors and barristers) who act as prosecutors in criminal cases.
are the CPS an independent body
yes
what are the 5 functions of the CPS
- they advise the police in the early stages of an investigation, such as what evidence may be required
- decide the appropriate charge or charges for a suspect, by independently assessing the evidence available
- prepares and presents cases for court when prosecution has occurred
- additionally provide support for victims and witnesses
- prosecutors must be fair, impartial and objective
what does the The Prosecution Of Offences Act 1985 mean for the CPS
This is an act that legally established the cps. it outlines the initial role of the cps.
why is the criminal justice act 2003 important to the cps
it lays out any key rules, instructions and processes regarding criminal justice eg arrests, bail, cautions, appeals, charging. The charging role of the cps is laid out in part 4 of this act it includes how the charges should be decided, how the suspect will be notified of charges, the relationship between the cps, police and court system.
what does evidence have to be to be considered admissible
valid, reliable, credible and relevant
What does the CPS has to think about when deciding whether or not it is worth prosecuting offences
They need to decide whether or not it is in the public’s interest to prosecute, this is if the trial will cost a lot of money, is this person a threat to society. evidence needs to be good enough to prove guilt beyond reasonable doubt for a secure conviction.
what is the full code test made up of
the evidential test and the public interest test
what does the evidential test look at
the evidence that would be presented and would be testimonial and physical evidence. and then they would look and decide to see if it is enough to prosecute.
what does validity mean
is it accurate? it is forensic evidence or just witness statements
what does reliability mean
is the evidence consistent? do all the pieces of evidence marry up together
what does credibility mean
can it be believed and trusted? who is giving the evidence, are they someone you can trust? for example are you lying, are you the best mate of the suspect
what does relevant mean
does the evidence connect to the case?
how is the evidential test is used
it is where prosecutors have to decide if there is a realistic chance of conviction of a suspect. it is more likely that an impartial jury or magistrate would find the defendant guilty.
What is meant by public interest?
This is if the conviction will benefit the public by protecting them from the offender committing the offence again.
what are the six questions the CPS have to consider to decide whether it is in the public interest to prosecute
1) .how serious the offence is
2) . what is the suspects level of culpability
3) .what harm has the victim suffered
4) .suspects age and maturity
5) .what is the impact on offending within the community
6) .is prosecution a proportionate response
what is the threshold test
when there is not enough evidence to suggest a court is likely to convict, but there is reasonable suspicion of guilt or substantial risk, if the suspect is not in custody.
what does charging under the threshold test allow for the police
allows for a suspect to be charged, held, and further evidence gathered that is not available when the suspect is due to be released from custody.
when are the 4 when it might be necessary to charge a suspect using the Threshold Test?
- reasonable grounds that the suspect committed the offence
- reason to believe that further evidence can be obtained that would pass the evidential test
- serious enough crime to justify charging immediately
- public interest and substantial grounds to object bail
what are the 2 types of courts
- appellate courts
- courts of the first instance
what are the 2 courts of the first instance in the UK
- magistrates
- crown
what are the two appellate courts in the UK
- court of appeal
- supreme
how many magistrates are there
3
what is the magistrates role within a court
The magistrate hears all the evidence within the case and then the prosecuting officer has to prove beyond reasonable doubt that the offender is guilty
what offences do magistrates court deal with
it is a summary offence and either way offences.
who decides the verdict and who sentences the offender in a magistrate court
The magistrates decide the verdict.. They also sentence the offender
what is the role of the legal adviser in magistrate court
they makes sure everything runs smoothly and makes sure that only admissible evidence is presented to the court.
what is the role of the usher in a magistrate court
makes sure all witnesses have said their summons, hand round paper to the court.
what are the two automatic rights of appeal in a magistrate court
Against your conviction (as long as you plead not guilty)
Against your sentence
how many days do you have to appeal from a magistrate court
21
if the appeal is accepted from a magistrate court, where will the appeal be held and who will be there
the appeal will be heard in a re-trial in the Crown Court by a judge and two magistrates
what three things can the court do in an appeal
- Uphold (confirm) or quash (dismiss) your conviction
- Convict you of a lesser or greater charge
- Reduce or increase your sentence
If you lose an appeal of your conviction or sentence from a case that was initially heard at the Magistrates’ Court and still want to appeal
you must be granted leave (permission) to do so and it has to be on a point of law
how many jurors are there
12
who is there in a crown court
- judge
- jury
- prosecution and defence barristers
- solicitors
- usher
- clerk
who decided the verdict in a crown court?
jury
why does the jury give the verdict in a crown court
due to trial by peers
do offenders have the automatic right to appeal in a crown court
no
what grounds can you appeal from a crown court
- An error in law by a judge that resulted in a conviction
- A belief the conviction was the result of inappropriate behaviour from the jury
- A belief that the sentence was unduly harsh
- Disclosure errors
- The revelation of misconduct during the investigation
- There is new or compelling evidence of the defendant’s innocence
when can the prosecution appeal from a crown court
- An error in law by a judge resulted in a dismissal
- A belief there was acquittal as a result jury tampering
- A belief that the sentence was unduly lenient
- There is new or compelling evidence of the defendant’s guilt (only applies to very serious cases)
where are the appeals heard if the case was heard in the crown court
court of appeal
what three things can the court of appeal do
- Order a retrial
- Quash a conviction (get rid of the conviction)
- Decrease a sentence
what is the highest court
supreme court
who is in the supreme court
12 lords
what cases do the supreme court deal with
cases that are particularly unique (they have not been able to be resolved in lower courts). It is normally where a point of law of significant importance to the general public is at stake eg. high level governmental corruption/misconduct
