2.1 - Explain the requirements of the Crown Prosecution Service for the
prosecution of suspects
The Crown Prosecution Service (CPS) is the main public prosecutor in England
and Wales. Under the Prosecution of Offences Act 1985, the police were no longer in
charge of prosecuting cases and the CPS took over. This change in legislation was to
prevent bias, and although the police may prosecute minor cases, the CPS is in charge of
the prosecution of all serious or complex cases. The role of the CPS is to advise the police
in their investigation, and they assess whether the evidence the Police has gathered is
enough to secure a conviction. In 2017, the CPS declared they had a conviction rate of
79.5%. Once the evidence has been assessed, the Crown Prosecution Service will write
the defendant a letter informing them they must appear in court. They must do this
under the Criminal Justice Act 2003. In deciding whether to prosecute a case, they use
tests which are written in the Code for Crown Prosecutors. One test the CPS may use is
The Full Code Test. Once the Police have finished their investigations and found
sufficient evidence, the Full Code Test may be used, and has two stages: the evidential
test and the public interest test.
The Evidential Test refers to when prosecutors are satisfied there is sufficient
evidence to secure a guilty conviction which is objective, impartial and formed by a
reasonable jury, magistrate or judge. A case which does not pass the evidential test must
not proceed to make it to court. To decide whether there is enough evidence, the Crown
Prosecution Service asks the following questions: “Is the evidence admissible in court?’’,
“Is the evidence reliable?” and is “Is the evidence credible?”. For the evidence to be
admissible in court, the prosecutors will evaluate whether the evidence will likely be
rejected. Evidence that could be rejected could be contaminated DNA evidence or
hearsay evidence. For the evidence to be reliable, the prosecutors have to decide whether
the reliability of the evidence they will be used will be questioned. Evidence that may be
unreliable may be an eyewitness testimony by an individual who is known for lying. For
evidence to be credible, the Prosecutors must evaluate whether the evidence will be
believed by the jurors, judge or magistrate. If the evidence is not admissible, reliable or
credible, the prosecution must not go ahead.
The Public Interest Test is a look into whether the case being prosecuted benefits
the public or harms it. One question involved in the Public Interest Test is ‘How serious is
the offence?’. Serious cases, such as murder or rape, are more likely to be prosecuted as
it is in the public interest to arrest the offender. A second question involved in the Public
Interest Test is ‘What is the suspect’s level of culpability?’. This question refers to the
extent of which the defendant was involved in the crime, whether they have any
previous convictions and if the offence was motivated by prejudice. This includes how
the offence affected the victim. A third question involved in the Public Interest Test is
‘What harm has the victim suffered?’. If the victim is considered vulnerable, it is more
likely the case will be prosecuted. For example, if the offender held a position of power
over a victim, such as a teacher and a student, or whether the suspect targeted and
exploited the victim, such as in cases of rape. A fourth factor involved in the Public
prosecution of suspects
The Crown Prosecution Service (CPS) is the main public prosecutor in England
and Wales. Under the Prosecution of Offences Act 1985, the police were no longer in
charge of prosecuting cases and the CPS took over. This change in legislation was to
prevent bias, and although the police may prosecute minor cases, the CPS is in charge of
the prosecution of all serious or complex cases. The role of the CPS is to advise the police
in their investigation, and they assess whether the evidence the Police has gathered is
enough to secure a conviction. In 2017, the CPS declared they had a conviction rate of
79.5%. Once the evidence has been assessed, the Crown Prosecution Service will write
the defendant a letter informing them they must appear in court. They must do this
under the Criminal Justice Act 2003. In deciding whether to prosecute a case, they use
tests which are written in the Code for Crown Prosecutors. One test the CPS may use is
The Full Code Test. Once the Police have finished their investigations and found
sufficient evidence, the Full Code Test may be used, and has two stages: the evidential
test and the public interest test.
The Evidential Test refers to when prosecutors are satisfied there is sufficient
evidence to secure a guilty conviction which is objective, impartial and formed by a
reasonable jury, magistrate or judge. A case which does not pass the evidential test must
not proceed to make it to court. To decide whether there is enough evidence, the Crown
Prosecution Service asks the following questions: “Is the evidence admissible in court?’’,
“Is the evidence reliable?” and is “Is the evidence credible?”. For the evidence to be
admissible in court, the prosecutors will evaluate whether the evidence will likely be
rejected. Evidence that could be rejected could be contaminated DNA evidence or
hearsay evidence. For the evidence to be reliable, the prosecutors have to decide whether
the reliability of the evidence they will be used will be questioned. Evidence that may be
unreliable may be an eyewitness testimony by an individual who is known for lying. For
evidence to be credible, the Prosecutors must evaluate whether the evidence will be
believed by the jurors, judge or magistrate. If the evidence is not admissible, reliable or
credible, the prosecution must not go ahead.
The Public Interest Test is a look into whether the case being prosecuted benefits
the public or harms it. One question involved in the Public Interest Test is ‘How serious is
the offence?’. Serious cases, such as murder or rape, are more likely to be prosecuted as
it is in the public interest to arrest the offender. A second question involved in the Public
Interest Test is ‘What is the suspect’s level of culpability?’. This question refers to the
extent of which the defendant was involved in the crime, whether they have any
previous convictions and if the offence was motivated by prejudice. This includes how
the offence affected the victim. A third question involved in the Public Interest Test is
‘What harm has the victim suffered?’. If the victim is considered vulnerable, it is more
likely the case will be prosecuted. For example, if the offender held a position of power
over a victim, such as a teacher and a student, or whether the suspect targeted and
exploited the victim, such as in cases of rape. A fourth factor involved in the Public
