AC2.1 - Explain the requirements of the CPS for the prosecution of suspects
What is the CPS?
- The Crown Prosecution Service was established in 1986 by the Prosecution of
Offences Act 1985. Before this change in the law, the police both investigated and
prosecuted crimes which could have led to a bias affecting the investigation .
- Now the CPS is an independent organisation that works closely with the police. It
was felt at the time a more independent organisation was needed to prosecute
suspects.
- See AC1.1 for additional information
CPS Responsibilities
- They advise the police in the early stages of an investigation.
- They decide which cases to prosecute.
- They determine the appropriate charge.
- Prepare cases for court.
- Present cases to court.
Full code test
The CPS uses a two stage test - evidential and public interest test
Evidential Test
- Tests whether there is enough evidence for a realistic probability of conviction
- This means there is enough evidence for an impartial jury, magistrate or judge to find
a defendant guilty
- If it does not pass the test, the case will not proceed to court
- Is the evidence inadmissible in court?
- Is the evidence reliable? - are there any reasons to question the reliability or
accuracy of the evidence
- Is the evidence credible? - evidence that where the available facts, considering the
circumstances of the case, would cause a reasonable person to believe it is true.
This refers to jurors, magistrates and judges
Public Interest Test
- The CPS must consider if it is in the public interest to prosecute
They consider the following points:
- Seriousness of crime - more serious = more likely to be convicted
- Blame/responsibility of suspect (involvement/previous convictions etc.) - the greater
the culpability, the more likely they will be prosecuted
What is the CPS?
- The Crown Prosecution Service was established in 1986 by the Prosecution of
Offences Act 1985. Before this change in the law, the police both investigated and
prosecuted crimes which could have led to a bias affecting the investigation .
- Now the CPS is an independent organisation that works closely with the police. It
was felt at the time a more independent organisation was needed to prosecute
suspects.
- See AC1.1 for additional information
CPS Responsibilities
- They advise the police in the early stages of an investigation.
- They decide which cases to prosecute.
- They determine the appropriate charge.
- Prepare cases for court.
- Present cases to court.
Full code test
The CPS uses a two stage test - evidential and public interest test
Evidential Test
- Tests whether there is enough evidence for a realistic probability of conviction
- This means there is enough evidence for an impartial jury, magistrate or judge to find
a defendant guilty
- If it does not pass the test, the case will not proceed to court
- Is the evidence inadmissible in court?
- Is the evidence reliable? - are there any reasons to question the reliability or
accuracy of the evidence
- Is the evidence credible? - evidence that where the available facts, considering the
circumstances of the case, would cause a reasonable person to believe it is true.
This refers to jurors, magistrates and judges
Public Interest Test
- The CPS must consider if it is in the public interest to prosecute
They consider the following points:
- Seriousness of crime - more serious = more likely to be convicted
- Blame/responsibility of suspect (involvement/previous convictions etc.) - the greater
the culpability, the more likely they will be prosecuted
