LECTURE
OUTLINE
The Prosecution Process
The Crown Prosecution
Process
The Magistrates’ Court
The Crown Court
Probation
, THE PROSECUTION
PROCESS
Prior to the Prosecution of Offences Act
1879, there was no public prosecutor to
take criminal cases to court
People had to find own lawyers or act as
prosecutors themselves
1880 – first DPP appointed by Home Secretary
Dealt with a very small number of
important/difficult cases
Police continued to have responsibility
for most prosecutions until 1986
Now moved to the Crown Prosecution
Service (CPS)
, THE CROWN PROSECUTION
SERVICE
The CPS was created in 1985 by the Prosecution
Offences Act
Set up as a result of the Philips Commission:
The police should not investigate offences and
decide whether to prosecute
Officers who investigated cases could not be relie
upon to make a fair decision
Investigation and prosecution should be split as
their aims conflicted (previously police)
Too many weak cases were being prosecuted
An independent agency was required to
safeguard the rights of the suspect
, THE
CPS
As the principle prosecuting authority in England and
Wales, the CPS is responsible for:
Advising the police on cases for possible prosecution
Reviewing cases submitted by the police
Determining any charges in more serious or complex
cases
Preparing cases for court
Presenting cases at court
, CPS: THE DECISION TO
PROSECUTE
The Full Code Test:
1. Evidential sufficiency
Is there sufficient evidence to prosecute?
How realistic is a conviction?
2. Public interest
What is the likely penalty if convicted?
What is the impact of the offence on the
victim?
, EVIDENTIAL
SUFFICIENCY
‘This is the first stage in the decision to prosecute. Crown Prosecutor
must be satisfied that there is enough evidence to provide a ‘realis
prospect of conviction’ against each defendant on each charge.
They must consider whether the evidence can be used and is
reliable. They must also consider what the defence case may be
how that is likely to affect the prosecution case.
A ‘realistic prospect of conviction’ is an objective test. It means
that a jury or a bench of magistrates, properly directed in accorda
with the law, will be more likely than not to convict the defendant
the charge alleged… if the case does not pass the evidential stage
must not go ahead, no matter how important or serious it may be
(CPS,
OUTLINE
The Prosecution Process
The Crown Prosecution
Process
The Magistrates’ Court
The Crown Court
Probation
, THE PROSECUTION
PROCESS
Prior to the Prosecution of Offences Act
1879, there was no public prosecutor to
take criminal cases to court
People had to find own lawyers or act as
prosecutors themselves
1880 – first DPP appointed by Home Secretary
Dealt with a very small number of
important/difficult cases
Police continued to have responsibility
for most prosecutions until 1986
Now moved to the Crown Prosecution
Service (CPS)
, THE CROWN PROSECUTION
SERVICE
The CPS was created in 1985 by the Prosecution
Offences Act
Set up as a result of the Philips Commission:
The police should not investigate offences and
decide whether to prosecute
Officers who investigated cases could not be relie
upon to make a fair decision
Investigation and prosecution should be split as
their aims conflicted (previously police)
Too many weak cases were being prosecuted
An independent agency was required to
safeguard the rights of the suspect
, THE
CPS
As the principle prosecuting authority in England and
Wales, the CPS is responsible for:
Advising the police on cases for possible prosecution
Reviewing cases submitted by the police
Determining any charges in more serious or complex
cases
Preparing cases for court
Presenting cases at court
, CPS: THE DECISION TO
PROSECUTE
The Full Code Test:
1. Evidential sufficiency
Is there sufficient evidence to prosecute?
How realistic is a conviction?
2. Public interest
What is the likely penalty if convicted?
What is the impact of the offence on the
victim?
, EVIDENTIAL
SUFFICIENCY
‘This is the first stage in the decision to prosecute. Crown Prosecutor
must be satisfied that there is enough evidence to provide a ‘realis
prospect of conviction’ against each defendant on each charge.
They must consider whether the evidence can be used and is
reliable. They must also consider what the defence case may be
how that is likely to affect the prosecution case.
A ‘realistic prospect of conviction’ is an objective test. It means
that a jury or a bench of magistrates, properly directed in accorda
with the law, will be more likely than not to convict the defendant
the charge alleged… if the case does not pass the evidential stage
must not go ahead, no matter how important or serious it may be
(CPS,
