AC 2.1 – EXPLAIN THE REQUIREMENTS OF THE CPS FOR THE PROSECUTION OF
SUSPECTS
WHO ARE THE CPS?:
The CPS, also known as the Crown Prosecution Service, are a public agency that were formed in
1986, by the Prosecution of Offences Act in 1985, who conduct and determine criminal prosecutions
in both England and Wales. They make such decisions in the absence of the police and the
government, such as what cases have enough evidence for prosecution, what the appropriate
charges are, and who prepares and presents them in court. A year before the forming of the CPS, the
Prosecutions Offences Act 1985 transferred the responsibility of prosecution of offences from the
police to the CPS – which could have been down to police bias; The police still do prosecute
themselves, but only minor cases which the CPS don’t work with.
The CPS inform the police on investigation and what evidence is needed to be collected to construct
a case they can present in court; The CPS then assess this case and determine whether they want to
prosecute and must send the defendant a letter to appear in court (Criminal Justice Act 2003). They
also determine the appropriate charge for the case while organising it for the court too.
FULL CODE TEST:
In order to go through with a prosecution, the CPS must complete the Full Code test which consists
of two different stages.
- CASE STUDY: Archie Reed, who was 20-years-old at the time, was charged with assault of a
19-year-old female acquaintance that he knew previously. They both met at the pub one
night and did not leave the building until 1am after both had consumed a rather large
amount of alcohol; the female acquaintance let Reed stay in her university halls. It was then
that the female acquaintance stated she had been assaulted while asleep leading to Reeds
arrest. Because the CPS did not apply the first stage of the Full Code test (the Evidential test)
the case was brought to court without sufficient evidence meaning it was dropped later on
and Reed was acquitted.
EVIDENTIAL TEST: The Evidential stage is where prosecutors must decide whether there is enough
viable evidence for prosecution, and if so, whether its reliable and credible enough to be used in
court. If the evidence does not pass the test, the case will no longer proceed to court (meaning it will
be dropped). Does the evidence match any of the other available facts? Are there any reasons to
question the reliability of the information?
PUBLIC INTEREST TEST: Second, the Public Interest stage which can be considered if the first stage
is failed. If the public has interest in the case, it can be brought to court (even with lack of evidence).
For example, how serious is the offence? How much damage/harm was done? Was the suspect
under 18? Was this crime an act of hate against a certain group of people? Does the cost of the case
outweigh the penalties? Sometimes when the suspect has the possibility of being let out on bail, or
the evidence surrounding the suspect hasn’t been collected yet.
THE TRESHOLD TEST: Of the full code test requirements are not met, the CPS must complete the
threshold test - “Is there a valid reason as to why they’re a suspect?”, “Can there be more evidence
collected to construct a prospect of conviction?”, “Is there any public interest in this case?”, “Are
there grounds to object bail?”, “Is there justification of charging this suspect based on the
seriousness of the crime that has been committed?
SUSPECTS
WHO ARE THE CPS?:
The CPS, also known as the Crown Prosecution Service, are a public agency that were formed in
1986, by the Prosecution of Offences Act in 1985, who conduct and determine criminal prosecutions
in both England and Wales. They make such decisions in the absence of the police and the
government, such as what cases have enough evidence for prosecution, what the appropriate
charges are, and who prepares and presents them in court. A year before the forming of the CPS, the
Prosecutions Offences Act 1985 transferred the responsibility of prosecution of offences from the
police to the CPS – which could have been down to police bias; The police still do prosecute
themselves, but only minor cases which the CPS don’t work with.
The CPS inform the police on investigation and what evidence is needed to be collected to construct
a case they can present in court; The CPS then assess this case and determine whether they want to
prosecute and must send the defendant a letter to appear in court (Criminal Justice Act 2003). They
also determine the appropriate charge for the case while organising it for the court too.
FULL CODE TEST:
In order to go through with a prosecution, the CPS must complete the Full Code test which consists
of two different stages.
- CASE STUDY: Archie Reed, who was 20-years-old at the time, was charged with assault of a
19-year-old female acquaintance that he knew previously. They both met at the pub one
night and did not leave the building until 1am after both had consumed a rather large
amount of alcohol; the female acquaintance let Reed stay in her university halls. It was then
that the female acquaintance stated she had been assaulted while asleep leading to Reeds
arrest. Because the CPS did not apply the first stage of the Full Code test (the Evidential test)
the case was brought to court without sufficient evidence meaning it was dropped later on
and Reed was acquitted.
EVIDENTIAL TEST: The Evidential stage is where prosecutors must decide whether there is enough
viable evidence for prosecution, and if so, whether its reliable and credible enough to be used in
court. If the evidence does not pass the test, the case will no longer proceed to court (meaning it will
be dropped). Does the evidence match any of the other available facts? Are there any reasons to
question the reliability of the information?
PUBLIC INTEREST TEST: Second, the Public Interest stage which can be considered if the first stage
is failed. If the public has interest in the case, it can be brought to court (even with lack of evidence).
For example, how serious is the offence? How much damage/harm was done? Was the suspect
under 18? Was this crime an act of hate against a certain group of people? Does the cost of the case
outweigh the penalties? Sometimes when the suspect has the possibility of being let out on bail, or
the evidence surrounding the suspect hasn’t been collected yet.
THE TRESHOLD TEST: Of the full code test requirements are not met, the CPS must complete the
threshold test - “Is there a valid reason as to why they’re a suspect?”, “Can there be more evidence
collected to construct a prospect of conviction?”, “Is there any public interest in this case?”, “Are
there grounds to object bail?”, “Is there justification of charging this suspect based on the
seriousness of the crime that has been committed?
