Criminology task 5
The Crime Prosecution Service (CPS) was founded in 1986 as a result of the Prosecution of Offenders
Act of 1985. It prosecuted criminal cases in England and Wales that had been investigated by the
police and other investigating agencies. Their responsibility is to ensure that the appropriate
individual is prosecuted for the right offence and that criminals are brought to justice wherever
feasible. Prior to the establishment of the CPS, the police investigated and prosecuted crimes, which
was troublesome owing to late work and prejudice. A new CPS also allowed for a more detailed
examination of each case.
Role of the CPS
The CPS advises the authorities in the initial stages of investigations, selects which cases to
prosecute, establishes the right charge, prepares cases for court and presents cases in court, and
offers information, aid, and support to victims and prosecution witnesses. To provide justice, the CPS
collaborates closely with the police, courts, the judiciary, and other partners.
Criminal Justice Act
Part 11 of the Criminal Justice Act of 2003 changed the admission of poor character evidence in
criminal trials and repealed the current common law principles. The single condition to the
elimination of common law, which provides for proof of a person's character by calling evidence to
its repute for the purposes of poor character evidence. The criminal justice act of 2003 had no effect
on the theft statute of 1968, which provides for proof of guilty knowledge on a charge of handling
stolen items by presenting evidence of past convictions for handling or theft.
The full code test
The evidentiary criteria determine whether there is sufficient evidence to support a "realistic
likelihood of conviction." This is to examine what the defence could provide for their argument and
how it might alter the prosecution's case. An objective test is carried out, which means that a jury or
bench of magistrates hearing a case alone is more likely than not to convict the offender. If this is
correct, the evidentiary test is met. The CPS must also examine what evidence they may use in court
and if it is reliable, as well as whether witnesses are believable. If the case fails this standard, the
case will be closed and no prosecution will take place. If it passes this test, it moves on to the next.
The CPS must evaluate whether the matter is of public interest under the public interest criteria.
There is a list of questions to explore to assist assess this, such as: how serious is the offence
committed? Or, what is the suspect's level of responsibility? The more serious these offences, the
more likely a prosecution. The CPS will also evaluate the victim's effect, as well as the perpetrator's
age, since if the offender is under the age of 18 at the time of the offence, the child's welfare must
be considered.
If these criteria are passed, the cases will be pursued in court. If the test fails the evidentiary test and
the complete code test cannot be utilised, a threshold test will be performed. It can only be used
when the suspect poses a significant bail risk and not all of the evidence is accessible at the time the
defendant is scheduled to be released. The threshold test asks questions such as, "Is there a
reasonable suspicion that the person to be charged committed the offence?" And, are there
reasonable grounds to believe that the ongoing inquiry will yield additional evidence within a
reasonable time frame?
What makes good evidence?
The Crime Prosecution Service (CPS) was founded in 1986 as a result of the Prosecution of Offenders
Act of 1985. It prosecuted criminal cases in England and Wales that had been investigated by the
police and other investigating agencies. Their responsibility is to ensure that the appropriate
individual is prosecuted for the right offence and that criminals are brought to justice wherever
feasible. Prior to the establishment of the CPS, the police investigated and prosecuted crimes, which
was troublesome owing to late work and prejudice. A new CPS also allowed for a more detailed
examination of each case.
Role of the CPS
The CPS advises the authorities in the initial stages of investigations, selects which cases to
prosecute, establishes the right charge, prepares cases for court and presents cases in court, and
offers information, aid, and support to victims and prosecution witnesses. To provide justice, the CPS
collaborates closely with the police, courts, the judiciary, and other partners.
Criminal Justice Act
Part 11 of the Criminal Justice Act of 2003 changed the admission of poor character evidence in
criminal trials and repealed the current common law principles. The single condition to the
elimination of common law, which provides for proof of a person's character by calling evidence to
its repute for the purposes of poor character evidence. The criminal justice act of 2003 had no effect
on the theft statute of 1968, which provides for proof of guilty knowledge on a charge of handling
stolen items by presenting evidence of past convictions for handling or theft.
The full code test
The evidentiary criteria determine whether there is sufficient evidence to support a "realistic
likelihood of conviction." This is to examine what the defence could provide for their argument and
how it might alter the prosecution's case. An objective test is carried out, which means that a jury or
bench of magistrates hearing a case alone is more likely than not to convict the offender. If this is
correct, the evidentiary test is met. The CPS must also examine what evidence they may use in court
and if it is reliable, as well as whether witnesses are believable. If the case fails this standard, the
case will be closed and no prosecution will take place. If it passes this test, it moves on to the next.
The CPS must evaluate whether the matter is of public interest under the public interest criteria.
There is a list of questions to explore to assist assess this, such as: how serious is the offence
committed? Or, what is the suspect's level of responsibility? The more serious these offences, the
more likely a prosecution. The CPS will also evaluate the victim's effect, as well as the perpetrator's
age, since if the offender is under the age of 18 at the time of the offence, the child's welfare must
be considered.
If these criteria are passed, the cases will be pursued in court. If the test fails the evidentiary test and
the complete code test cannot be utilised, a threshold test will be performed. It can only be used
when the suspect poses a significant bail risk and not all of the evidence is accessible at the time the
defendant is scheduled to be released. The threshold test asks questions such as, "Is there a
reasonable suspicion that the person to be charged committed the offence?" And, are there
reasonable grounds to believe that the ongoing inquiry will yield additional evidence within a
reasonable time frame?
What makes good evidence?
