Unit 3 AC2.1- Explain the requirements of the CPS for
prosecuting suspects
● 20 minutes total (4 marks)
● Detailed explanation including clear and relevant examples of the requirements of the CPS in
prosecuting suspects
● Requirements: full code test, charging role- Criminal Justice Act 2003, Prosecution of Offences Act
1985
The Crown Prosecution Service (CPS)
Describe briefly and include legislation:
● The CPS is the main public prosecutor in England and Wales
● It was set up in 1986 under the Prosecution of Offences Act 1985
● The CPS replaced the police as prosecutors as there was a risk of bias in allowing police to both
investigate and prosecute cases
● They also advise the police in their investigations and about what evidence may be useful for the CPS
as they have to independently assess the evidence to decide whether to prosecute and what charges
should be given
● Although the police still prosecute minor cases, the CPS prosecutes all serious or complex cases
● The CPS have a “charging role” which is outlined in the Part 4 of the Criminal Justice Act 2003- this
places responsibility on prosecutors for determining the charge for a suspect
The CPS applies tests that are laid down in the Code for Crown Prosecutors in order to make a decision on
whether to prosecute. The tests do not decide whether someone is guilty, but instead whether there is a case
for the court to consider.
Full Code Test
● After the police have completed all reasonable lines of enquiry, the CPS uses a two-stage test to decide
on whether to prosecute
1. The Evidential test: This is when prosecutors must be content with the amount and
admissibility of evidence used for a case. Prosecutors must consider:
a. Admissibility- whether evidence is allowed to be used in court eg: is non-contaminated,
not coerced etc
b. Reliability- the accuracy and integrity of evidence eg: could it be doubted or sourced
from an untruthful witness?
c. Credibility- how believable and reasonable evidence is eg: would a jury believe it’s true?
If the case fails the evidential test, it won’t proceed further and there will be no prosecution. If it
passes, then the second test is applied.
2. The Public Interest test: This is when prosecutors determine whether a prosecution would be
in the best interest of the public, they may decide that an out-of-court disposal is better. At this
stage there are several factors to consider, some holding more weight than others:
a. Seriousness- the more serious the offence, the greater likelihood of there being a
prosecution eg: in the case of murder
b. Culpability- the more blame/responsibility that is tied to the suspect, the more likely
they will be prosecuted eg: what was their involvement?, how much did they benefit? do
they have previous convictions for similar crimes?, is the suspect likely to reoffend?
//someone who was pressured might have a lower level of culpability
c. Age- if the suspect is young then prosecution is not as likely, the justice system prefers
to keep young people out of prison as it can harm their future eg: jobs
d. Vulnerability of victim- prosecution more likely eg: authority, exploitation, prejudiced etc
prosecuting suspects
● 20 minutes total (4 marks)
● Detailed explanation including clear and relevant examples of the requirements of the CPS in
prosecuting suspects
● Requirements: full code test, charging role- Criminal Justice Act 2003, Prosecution of Offences Act
1985
The Crown Prosecution Service (CPS)
Describe briefly and include legislation:
● The CPS is the main public prosecutor in England and Wales
● It was set up in 1986 under the Prosecution of Offences Act 1985
● The CPS replaced the police as prosecutors as there was a risk of bias in allowing police to both
investigate and prosecute cases
● They also advise the police in their investigations and about what evidence may be useful for the CPS
as they have to independently assess the evidence to decide whether to prosecute and what charges
should be given
● Although the police still prosecute minor cases, the CPS prosecutes all serious or complex cases
● The CPS have a “charging role” which is outlined in the Part 4 of the Criminal Justice Act 2003- this
places responsibility on prosecutors for determining the charge for a suspect
The CPS applies tests that are laid down in the Code for Crown Prosecutors in order to make a decision on
whether to prosecute. The tests do not decide whether someone is guilty, but instead whether there is a case
for the court to consider.
Full Code Test
● After the police have completed all reasonable lines of enquiry, the CPS uses a two-stage test to decide
on whether to prosecute
1. The Evidential test: This is when prosecutors must be content with the amount and
admissibility of evidence used for a case. Prosecutors must consider:
a. Admissibility- whether evidence is allowed to be used in court eg: is non-contaminated,
not coerced etc
b. Reliability- the accuracy and integrity of evidence eg: could it be doubted or sourced
from an untruthful witness?
c. Credibility- how believable and reasonable evidence is eg: would a jury believe it’s true?
If the case fails the evidential test, it won’t proceed further and there will be no prosecution. If it
passes, then the second test is applied.
2. The Public Interest test: This is when prosecutors determine whether a prosecution would be
in the best interest of the public, they may decide that an out-of-court disposal is better. At this
stage there are several factors to consider, some holding more weight than others:
a. Seriousness- the more serious the offence, the greater likelihood of there being a
prosecution eg: in the case of murder
b. Culpability- the more blame/responsibility that is tied to the suspect, the more likely
they will be prosecuted eg: what was their involvement?, how much did they benefit? do
they have previous convictions for similar crimes?, is the suspect likely to reoffend?
//someone who was pressured might have a lower level of culpability
c. Age- if the suspect is young then prosecution is not as likely, the justice system prefers
to keep young people out of prison as it can harm their future eg: jobs
d. Vulnerability of victim- prosecution more likely eg: authority, exploitation, prejudiced etc
