FACT FILE 5- crown prosecution service
Description of role: the cps is an independent prosecution service operating across england and
wales in 14 regional offices. It uses a panel of over 2000 solicitors and barristers along with other
staff to handle half a million cases everywhere, every year. It advises the police on cases for
possible prosecution and reviews cases that they submit to decide whether to prosecute. It makes
decisions about prosecuting cases by applying tests to see if there is sufficient evidence for a
realistic prospect of conviction and to decide whether prosecution would be in the public interest.
in more serious cases such as rape and murder , its the cps that decides whether the police will
charge the suspect. where the decision is made to prosecute, the cps will decide what the charge
will be.
to charge someone means to formally define the offense with which they are going to be
prosecuted.
Prosecution is the actual process of presenting the case against you in court.
The cps prepares cases for court hearings, collecting evidence from the police and disclosing the
material to the defense. it presents the
prosecution's case in court, using its own crown
prosecutors, as well as self employed barristers for
more serious cases. it has specialist divisions
dealing with prosecutions that require specialist
knowledge such as organised crime, complex fraud
and terrorism.
Strengths of role:
● Before the cps was set up in 1986, the police were responsible for investigating, charging
and prosecuting cases. Combining these roles led to the risk of bias. Because the cps
independently assess the evidence and then decide whether to prosecute or not, it
prevents the police using the prosecution service to victimise particular individuals.
● having a national organisation for prosecutions means that justice is more equal- there is
more consistency between different parts of the country in deciding whether to prosecute.
Weakness of role:
● the cps has the power to reject a police request to prosecute
someone- e.g because the evidence police gathered is inadequate. This
can result in a difficult relationship at times. However it means that
prosecution is less likely to fail due to inadequate investigation by the
police.
● the cps has sometimes made serious errors, e.g in not reviewing the
evidence thoroughly before prosecuting. this has resulted in failed
Description of role: the cps is an independent prosecution service operating across england and
wales in 14 regional offices. It uses a panel of over 2000 solicitors and barristers along with other
staff to handle half a million cases everywhere, every year. It advises the police on cases for
possible prosecution and reviews cases that they submit to decide whether to prosecute. It makes
decisions about prosecuting cases by applying tests to see if there is sufficient evidence for a
realistic prospect of conviction and to decide whether prosecution would be in the public interest.
in more serious cases such as rape and murder , its the cps that decides whether the police will
charge the suspect. where the decision is made to prosecute, the cps will decide what the charge
will be.
to charge someone means to formally define the offense with which they are going to be
prosecuted.
Prosecution is the actual process of presenting the case against you in court.
The cps prepares cases for court hearings, collecting evidence from the police and disclosing the
material to the defense. it presents the
prosecution's case in court, using its own crown
prosecutors, as well as self employed barristers for
more serious cases. it has specialist divisions
dealing with prosecutions that require specialist
knowledge such as organised crime, complex fraud
and terrorism.
Strengths of role:
● Before the cps was set up in 1986, the police were responsible for investigating, charging
and prosecuting cases. Combining these roles led to the risk of bias. Because the cps
independently assess the evidence and then decide whether to prosecute or not, it
prevents the police using the prosecution service to victimise particular individuals.
● having a national organisation for prosecutions means that justice is more equal- there is
more consistency between different parts of the country in deciding whether to prosecute.
Weakness of role:
● the cps has the power to reject a police request to prosecute
someone- e.g because the evidence police gathered is inadequate. This
can result in a difficult relationship at times. However it means that
prosecution is less likely to fail due to inadequate investigation by the
police.
● the cps has sometimes made serious errors, e.g in not reviewing the
evidence thoroughly before prosecuting. this has resulted in failed
