AC2.1 REQUIREMENTS OF CPS IN PROSECUTING
SUSPECTS EXAM WITH ALL CORRECT & 100% VERIFIED
ANSWERS|ALREADY GRADED A+
Who are the CPS? ✔Correct Answer-*Crown Prosecution Service= main public prosecutor in
England and Wales.
*Set up in 1986 under Prosecution of Offences Act.
What do the CPS do? Their role ✔Correct Answer-*Prosecute all serious/ complex cases (police
prosecute very minor offences).
*Advise the police in their investigations about lines of inquiry and about what evidence might be
required to build a case.
*Assesses evidence submitted by the police, decides whether to prosecute and if so, what charges
should be brought. Prepares and presents the prosecution case in court.
*To make a decision about whether to prosecute, CPS applies tests that are laid down in the Code for
Prosecutors: Full Code Test (evidential test & public interest test) and Threshold Test. = not to decide
whether a person is guilty of an offence (court's role) but to see whether there is a case for the court
to consider.
What is the Full Code Test? ✔Correct Answer-*For CPS to prosecute a case, must first pass this
test. It's applied once the police have completed all reasonable lines of inquiry.
*Made of two stages: Evidential Test & Public Interest Test.
What is the Evidential Test? ✔Correct Answer-^Before prosecuting, prosecutors must be satisfied
that there is sufficient evidence to provide a realistic prospect of conviction of the suspect.
^A case that does not pass this stage must not proceed, no matter how serious or sensitive.
^Factors that must be considered are:
1)Admissibility (allowable): is the evidence likely to be rejected as inadmissible by the court. E.g.
could it be ruled out as hearsay evidence (mere rumour rather than fact?).
2)Reliability: are there any reasons to question this, including its accuracy or integrity? Are the
witnesses truthful and of good character?
3)Credibility (believable): this is when the available facts, when viewed in the light of the
circumstances of the case, would cause a reasonable person (jurors and judges) to believe it to be
true.
^If the case passes these factors, it moves onto the Public Interest Test.
What is the Public Interest Test? ✔Correct Answer-^When The Evidential Test is passed and
sufficient evidence is found, prospectors must then decide whether a prosecution is required in the
public interest.
^Following factors are relevant in different circumstances.
1)Seriousness: the more serious the offence, the more likely the suspect is to be prosecuted.
2)Suspect's level of culpability: the greater their blame or responsibility, the more likely they are to
be prosecuted.
*Their level of involvement: did they benefit? Was it planned?
SUSPECTS EXAM WITH ALL CORRECT & 100% VERIFIED
ANSWERS|ALREADY GRADED A+
Who are the CPS? ✔Correct Answer-*Crown Prosecution Service= main public prosecutor in
England and Wales.
*Set up in 1986 under Prosecution of Offences Act.
What do the CPS do? Their role ✔Correct Answer-*Prosecute all serious/ complex cases (police
prosecute very minor offences).
*Advise the police in their investigations about lines of inquiry and about what evidence might be
required to build a case.
*Assesses evidence submitted by the police, decides whether to prosecute and if so, what charges
should be brought. Prepares and presents the prosecution case in court.
*To make a decision about whether to prosecute, CPS applies tests that are laid down in the Code for
Prosecutors: Full Code Test (evidential test & public interest test) and Threshold Test. = not to decide
whether a person is guilty of an offence (court's role) but to see whether there is a case for the court
to consider.
What is the Full Code Test? ✔Correct Answer-*For CPS to prosecute a case, must first pass this
test. It's applied once the police have completed all reasonable lines of inquiry.
*Made of two stages: Evidential Test & Public Interest Test.
What is the Evidential Test? ✔Correct Answer-^Before prosecuting, prosecutors must be satisfied
that there is sufficient evidence to provide a realistic prospect of conviction of the suspect.
^A case that does not pass this stage must not proceed, no matter how serious or sensitive.
^Factors that must be considered are:
1)Admissibility (allowable): is the evidence likely to be rejected as inadmissible by the court. E.g.
could it be ruled out as hearsay evidence (mere rumour rather than fact?).
2)Reliability: are there any reasons to question this, including its accuracy or integrity? Are the
witnesses truthful and of good character?
3)Credibility (believable): this is when the available facts, when viewed in the light of the
circumstances of the case, would cause a reasonable person (jurors and judges) to believe it to be
true.
^If the case passes these factors, it moves onto the Public Interest Test.
What is the Public Interest Test? ✔Correct Answer-^When The Evidential Test is passed and
sufficient evidence is found, prospectors must then decide whether a prosecution is required in the
public interest.
^Following factors are relevant in different circumstances.
1)Seriousness: the more serious the offence, the more likely the suspect is to be prosecuted.
2)Suspect's level of culpability: the greater their blame or responsibility, the more likely they are to
be prosecuted.
*Their level of involvement: did they benefit? Was it planned?
