Unit 3 AC2.1 The requirements of the CPS Flashcards
The CPS
The Crown Prosecution Service (CPS) was established in 1986 by the Prosecution of Offences Act 1985. Prior to this date, the police investigated and prosecuted crimes.
The CPS advises the police in the early stages of an investigation; decides which cases to prosecute; determines the appropriate charge; prepares cases for court and presents cases in court. There is also a 24-hour service for the police through CPS Direct
To help produce fairness and consistency in prosecuting, the CPS uses a two-stage test to decide whether or not to prosecute. The two stages are:
(i) The Evidential Test; (ii) The Public Interest Test
The Evidential Test
The evidential test asks if there is enough evidence to gain a ‘realistic prospect of conviction’. The CPS must consider what the defence case must be, and how it is likely to affect the prosecution case.
A realistic prospect of conviction is an objective test, which means that a jury or bench of magistrates or judge hearing a case alone, with the correct advice about the law, is more likely than not to find the defendant guilty. If the answer is ‘yes’ then the evidential test is made out.
To help the CPS decide if there is sufficient evidence it must consider if the evidence can be used in court.
If a case fails this test, it does not proceed any further and there will be no prosecution. However, if it does pass the evidential test then the second test can be considered, ‘The Public Interest Test’.
The Public Interest Test
The CPS must consider whether or not it is in the public interest to prosecute. It may be that the public interest is better served with an out of court disposal. To help decide the public interest test there is a list of questions to consider:
- How serious is the offence committed?
- What is the level of culpability of the suspect?
- What are the circumstances of, and the harm caused to the victim?
- Was the suspect under the age of 18 at the time of the offence?
- What is the impact on the community?
- Is prosecution a proportionate response?
Once a case has passed the evidential test and the answers to the questions in the public interest test suggest that the case should be taken to court, the prosecution can begin.
The Threshold Test
The threshold test allows an immediate charging decision despite not all the evidence being available, hence the full test code (evidential test > public interest test) cannot be followed or used. This is obviously an infringement of liberty, as the evidence would not suggest a court is likely to convict and is made on reasonable suspicion rather than evidence.
However, it can only be applied where the suspect presents a substantial bail risk and not all the evidence is available at the time the suspect is to be released from custody. The questions to be answered in the threshold test are:
- Is there reasonable suspicion that the person to be charged has committed the offence?
- Are there reasonable grounds for believing that the continuing investigation will provide further evidence, within a reasonable period of time?
A decision to apply the threshold test, at this time, would be kept under review.
Defendant
Defendant – an individual, company, or institution sued or accused in a court of law.
Sufficient
Sufficient – enough; adequate.
Culpability
Culpability – responsibility for a fault or wrong; blame.
Substantial
Substantial – of considerable importance, size, or worth.
Bail
Bail – the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
Prosecution
Prosecution – the institution and conducting of legal proceedings against someone in respect of a criminal charge.
Proportionate
Proportionate - corresponding in size or amount to something else.
Consistency
Consistency - consistent behaviour or treatment.
