Criminal Justice Lecture 5
The courts, The CPS and 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 their 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 of offenses act
Set up as a result of the Philips commission:
- The police should not investigate offenses and decide whether to prosecute
- Officer who investigate cases could not be relied upon to make a fair decision
- Investigation and prosecution should be spit as their aims conflict
- 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 changes in more serious or complex cases
Preparing cases for court
Presenting cases at court
The CPS- The decision to prosecute ‘This is the stage in the decision to prosecute crown
The full code test: prosecutors must be satisfied that there is enough
evidence to provide a realistic prospect of conviction’
1. EVIDENTIAL SUFFICIENCY
- Is there enough sufficient evidence to (CPS, 2012)
prosecute?
- How realistic is a conviction
2. PUBLIC INTEREST
- What is the likely penalty if convicted?
- What are the offenders characteristics?
- What is the impact of the offense on the victim?
DISCLOSURE
, In theory, the CPS makes prosecution more streamlined, efficient and more likely to succeed, but
does it?
The police are still involved:
- Can decide not to prosecute
- CPS as a decision confirmer, not maker
Police and evidential sufficiency:
- Fabrication
- Witnesses
- Non-disclosure of evidence
MODELS OF TRIAL
1. SUMMARY
Concluded at the magistrate court
No right to trial by jury
Common assault, driving offenses etc.
2. INDICTABLE
Must be tried in crown court
Homicide, rape, riot, robbery etc.
3. EITHER WAY
Can be tried in wither magistrates’ or crown court
Theft, burglary, criminal damage, ABH, drug offences
Election overruled if magistrate do not have sufficient sentencing powers
MAGISTRATES COURT
Lay magistrate or ‘Justices of the peace’ (JPs) sit as a bench of 3
Justices of peace act 1361
Approx. 25,000 magistrates in England and wales
Anyone can apply to become a magistrate, unpaid volunteers, not legally qualified
Take legal advice from the court clerk
All cases begin in magistrate’s court and 95% end there
If a case is ‘so serious’ that in exceeds sentencing powers available, then it is referred to the
crown court
District Judges also sit in magistrate’s court
THE CROWN COURT
Most serious criminal cases
The courts, The CPS and 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 their 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 of offenses act
Set up as a result of the Philips commission:
- The police should not investigate offenses and decide whether to prosecute
- Officer who investigate cases could not be relied upon to make a fair decision
- Investigation and prosecution should be spit as their aims conflict
- 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 changes in more serious or complex cases
Preparing cases for court
Presenting cases at court
The CPS- The decision to prosecute ‘This is the stage in the decision to prosecute crown
The full code test: prosecutors must be satisfied that there is enough
evidence to provide a realistic prospect of conviction’
1. EVIDENTIAL SUFFICIENCY
- Is there enough sufficient evidence to (CPS, 2012)
prosecute?
- How realistic is a conviction
2. PUBLIC INTEREST
- What is the likely penalty if convicted?
- What are the offenders characteristics?
- What is the impact of the offense on the victim?
DISCLOSURE
, In theory, the CPS makes prosecution more streamlined, efficient and more likely to succeed, but
does it?
The police are still involved:
- Can decide not to prosecute
- CPS as a decision confirmer, not maker
Police and evidential sufficiency:
- Fabrication
- Witnesses
- Non-disclosure of evidence
MODELS OF TRIAL
1. SUMMARY
Concluded at the magistrate court
No right to trial by jury
Common assault, driving offenses etc.
2. INDICTABLE
Must be tried in crown court
Homicide, rape, riot, robbery etc.
3. EITHER WAY
Can be tried in wither magistrates’ or crown court
Theft, burglary, criminal damage, ABH, drug offences
Election overruled if magistrate do not have sufficient sentencing powers
MAGISTRATES COURT
Lay magistrate or ‘Justices of the peace’ (JPs) sit as a bench of 3
Justices of peace act 1361
Approx. 25,000 magistrates in England and wales
Anyone can apply to become a magistrate, unpaid volunteers, not legally qualified
Take legal advice from the court clerk
All cases begin in magistrate’s court and 95% end there
If a case is ‘so serious’ that in exceeds sentencing powers available, then it is referred to the
crown court
District Judges also sit in magistrate’s court
THE CROWN COURT
Most serious criminal cases
