AC 2.1 Explain the requirements of the Crime Prosecution
Service (CPS) for prosecuting suspects
4 MARKS = 20 MINUTES
- Criminal Justice Act 2003
- Prosecution of Offences Act 1985
- Full Code Test
Creation of the CPS
The Prosecution of Offences Act 1985 established the Crime Prosecution Service. It’s
purpose of creation was to prosecute all offences equally and fairly in the public interest.
Before the act, police would handle all prosecutions, which was starting to raise concerns
among the public about bias. Since the establishment of CPS, they now handle all
prosecutions, requiring clear reasons for prosecution decisions, improving the transparency
and objectivity in trials and improving public confidence in the justice system. The role of the
Director of Public Prosecutions is responsibility of conduct for all criminal prosecutions
initiated by the police, they are the head of the CPS, this currently being Stephen Parkinson.
Role of the CPS
A key legislation that established the role of the CPS is the Criminal Justice Act 2003, it
shifted responsibility in charging decisions for serious cases such as murder, from the police
to the CPS. This guaranteed greater objectivity and consistency in deciding whether or not to
prosecute. Yet again this act helped promote greater transparency and accountability in the
justice system, improving public confidence in the justice system.
Full Code Test
The full code test refers to the two stages that the CPS must consider when deciding to
prosecute a case. The first stage of the test consists of reviewing evidence and ensuring that
there is enough evidence to provide a realistic prospect of conviction - meaning that the
evidence must be strong enough to convince the judge or magistrate to convict. Factors
such as whether the evidence is reliable and credible and hold up against scrutiny are all
taken into account in this stage. The second stage of this test is whether prosecuting the
case is within the public's interest. The CPS assesses factors such as seriousness of the
offence, impact on the community and victims. They also assess the circumstances, looking
at factors such as the health of the victim and suspect and age. They must decide whether it
is within public good or if a warning or diversion programme is sufficient. Both stages of the
test must be met for cases to persist, for example if public interest outweighs those in favour,
the case will not be taken to court.
Case Studies
An example of a case where the full code test was satisfied was the Stephen Lawrence case
in 2012. A ‘cold case review’ began in 2006 where forensics re-examined previous evidence
Service (CPS) for prosecuting suspects
4 MARKS = 20 MINUTES
- Criminal Justice Act 2003
- Prosecution of Offences Act 1985
- Full Code Test
Creation of the CPS
The Prosecution of Offences Act 1985 established the Crime Prosecution Service. It’s
purpose of creation was to prosecute all offences equally and fairly in the public interest.
Before the act, police would handle all prosecutions, which was starting to raise concerns
among the public about bias. Since the establishment of CPS, they now handle all
prosecutions, requiring clear reasons for prosecution decisions, improving the transparency
and objectivity in trials and improving public confidence in the justice system. The role of the
Director of Public Prosecutions is responsibility of conduct for all criminal prosecutions
initiated by the police, they are the head of the CPS, this currently being Stephen Parkinson.
Role of the CPS
A key legislation that established the role of the CPS is the Criminal Justice Act 2003, it
shifted responsibility in charging decisions for serious cases such as murder, from the police
to the CPS. This guaranteed greater objectivity and consistency in deciding whether or not to
prosecute. Yet again this act helped promote greater transparency and accountability in the
justice system, improving public confidence in the justice system.
Full Code Test
The full code test refers to the two stages that the CPS must consider when deciding to
prosecute a case. The first stage of the test consists of reviewing evidence and ensuring that
there is enough evidence to provide a realistic prospect of conviction - meaning that the
evidence must be strong enough to convince the judge or magistrate to convict. Factors
such as whether the evidence is reliable and credible and hold up against scrutiny are all
taken into account in this stage. The second stage of this test is whether prosecuting the
case is within the public's interest. The CPS assesses factors such as seriousness of the
offence, impact on the community and victims. They also assess the circumstances, looking
at factors such as the health of the victim and suspect and age. They must decide whether it
is within public good or if a warning or diversion programme is sufficient. Both stages of the
test must be met for cases to persist, for example if public interest outweighs those in favour,
the case will not be taken to court.
Case Studies
An example of a case where the full code test was satisfied was the Stephen Lawrence case
in 2012. A ‘cold case review’ began in 2006 where forensics re-examined previous evidence
