AC 2.1 (15 mins)
Crown Prosecution Service
● Established 1986-Prosecution of offences act 1985
● before police investigated + prosecuted
● Work closely with police
● role: Advises police, Decides which cases to prosecute, Prepares cases for court,
Presents cases in court
● CPS direct- 24 hour advice service for police
Full code test
● Help produce fairness+consistency in prosecuting
● Cps- 2 stage test (whether to prosecute)
1.Evidential test
2.Public interest test
Evidential test
● 1 test- enough E to gain ‘realistic prospect of conviction.’?
● CPS consider what D case may be/ how its likely to affect P case
● A realistic prospect of conviction-an objective test (person/people hearing case-with
correct advice about law- likely to not find D guilty)
● If yes-test made out
● CPS help decide if sufficient E- can it be used in court/is it reliable
● Decide upon integrity ofW+E- credible/believable
● If case fails test- doesnt proceed/no prosecution
● If does- second test can be considered
Damilola Taylor (should not have passed test):
○ Young boy stabbed with glass-two older brother
○ Testimonial evidence- 14 year old girl
○ Should’ve passed evidential test- lies of W extremely obvious (motivated by £50,000
reward)
○ Should’ve known they'd be exposed
○ Criticised, little time spent cross checking her E against known facts+videotaped
interviews
Abu Hamza (should’ve passed test) :
○ Convicted 2006-soliciting murder+inciting racial hatred
○ Should’ve passed evidential test- considered danger
○ Police asked twice to consider charges
○ Cps decided insufficient evidence
○ Should’ve passed public interest test-saftey+security of society
Public interest test
● is it in public’s interest to prosecute
● Questions to consider (list not exhaustive/not all Q’s relevant/ different weight may be
attached to each answer in different cases)
● Seriousness of offence committed?-serious- more likely will be prosecution
Crown Prosecution Service
● Established 1986-Prosecution of offences act 1985
● before police investigated + prosecuted
● Work closely with police
● role: Advises police, Decides which cases to prosecute, Prepares cases for court,
Presents cases in court
● CPS direct- 24 hour advice service for police
Full code test
● Help produce fairness+consistency in prosecuting
● Cps- 2 stage test (whether to prosecute)
1.Evidential test
2.Public interest test
Evidential test
● 1 test- enough E to gain ‘realistic prospect of conviction.’?
● CPS consider what D case may be/ how its likely to affect P case
● A realistic prospect of conviction-an objective test (person/people hearing case-with
correct advice about law- likely to not find D guilty)
● If yes-test made out
● CPS help decide if sufficient E- can it be used in court/is it reliable
● Decide upon integrity ofW+E- credible/believable
● If case fails test- doesnt proceed/no prosecution
● If does- second test can be considered
Damilola Taylor (should not have passed test):
○ Young boy stabbed with glass-two older brother
○ Testimonial evidence- 14 year old girl
○ Should’ve passed evidential test- lies of W extremely obvious (motivated by £50,000
reward)
○ Should’ve known they'd be exposed
○ Criticised, little time spent cross checking her E against known facts+videotaped
interviews
Abu Hamza (should’ve passed test) :
○ Convicted 2006-soliciting murder+inciting racial hatred
○ Should’ve passed evidential test- considered danger
○ Police asked twice to consider charges
○ Cps decided insufficient evidence
○ Should’ve passed public interest test-saftey+security of society
Public interest test
● is it in public’s interest to prosecute
● Questions to consider (list not exhaustive/not all Q’s relevant/ different weight may be
attached to each answer in different cases)
● Seriousness of offence committed?-serious- more likely will be prosecution
