Unit 3 - AC2.1 Requirements of CPS in prosecuting suspects

Question 1

Explain the role of the CPS in prosecuting suspects

Answer 1

• Advises the police in the early stages of an investigation
• Decide if evidence is admissable
• Prepares and presents cases for court when prosecution has occurred

Question 2

What is the Prosecutionn of offences Act?

Answer 2

Became an official act of Parliament in 1985.

• This formally allowed for the creation of the Crown Prosecution Service for England and Wales.
• CPS started operating in 1986

Question 3

What is the Criminal Justice Act 2003?

Answer 3

The Criminal Justice Act 2003 is a major act of parliament which lays out key rules and instructions regarding criminal justice eg. arrests, bail

• The charging role of the CPS:
• How charges must be decided
• How suspects will be notified of charges

Question 4

Explain the Evidential test

Answer 4

Prosecutors must be satisfied that there is sufficient evidence for a realistic chance of conviction of a suspect
Evidence must be VALID? RELIABLE? CREDIBLE? RELEVANT?

If yes - evidence is admissible
Any case that does not pass the Evidential test will not proceed to trial no matter how serious it i

Question 5

Explain the Public Interest Test

Answer 5

The suspect’s age and maturity
How serious is the offence?
Is prosecution a proportionate response?
What is the suspect’s level of culpability?
What harm has the victim suffered?
What is the impact of the offending on the community?

If both the evidential and public interest test is passed, the full-code test is passed - prosecution can take place

Question 6

Explain the Threshold Test

Answer 6

• Can only be used in cases where all or most of the evidence is available, to make a decision
• There must be reasonable grounds that the suspect committed the offence
• Reason to believe that further evidence can be obtained