AC2.1 Explain the requirements of the Crown Prosecution Service (CPS) for
prosecuting suspects
Crown Prosecution Service
The crown prosecution service (CPS) was set up in 1986 to transfer prosecutorial powers
from the police to prevent bias in cases, this change was introduced via the Prosecution of
offences act (1985) which removed prosecutorial powers from the police and made it so all
prosecutions had to go through the CPS. The CPS work closely with the police to build a
secure case to charge and try a suspect. The CPS also ensures that cases only proceed if
there is substantial basis for them to do so in accordance with the Criminal Justice act
(2003,) which sets out the rules of evidence and what a court can consider to be admissible.
The CPS uses a series of tests to see if the case meets the standards needed to secure a
conviction.
Full code test
The full code test is a two stage test that helps the CPS decide if they should prosecute a
suspect and allows for consistency and fairness when prosecuting. The two stages include
the evidential and the public interest test.
The evidential test
The evidential test allows prosecutors to decide if, based on the evidence available, the
prospect of a conviction is realistic. When deciding if the evidence is enough, the prosecutor
must ask themselves: is the evidence admissible? Is the evidence reliable? And Is the
evidence credible? The evidence must also be more likely than not for an objective, impartial
and reasonable judge, jury or magistrate to find the defendant guilty. If a case did not pass
this stage, the prosecutor must decide if the prosecution is in the public's interest.
The Public Interest test
If prosecutors do not feel that the evidence at hand is sufficient to pass the evidential test,
they will move on to the public interest test. Numerous questions must be considered to
decide if a prosecution is in the Public's interest, not all of the questions will be relevant to all
cases. Prosecutors must ask themselves how serious the offence is, the more serious the
offence the more likely it is to be persecuted. They must also ask how culpable the suspect
is, this is weighing up how blameworthy they are for the offence, the more at fault they are
the more likely the prospect of a conviction is. The cost of prosecutions is weighed against
the importance/seriousness of the case and so, prosecutors must decide if prosecution is a
proportionate response. To be in the public's best interest, the offence has to have had an
impact on the community and the higher the impact on the community it is the higher the
chances of pursuing the case.
The Threshold Test
In a minority of cases, a prosecution may go ahead even if the evidential part of the full code
test cannot be satisfied. When this does happen, the threshold test must be applied and all 5
conditions must be met in order to advance with the case. The 5 conditions are as follows:
● There must be reasonable grounds to suspect the person charged has committed the
offence
prosecuting suspects
Crown Prosecution Service
The crown prosecution service (CPS) was set up in 1986 to transfer prosecutorial powers
from the police to prevent bias in cases, this change was introduced via the Prosecution of
offences act (1985) which removed prosecutorial powers from the police and made it so all
prosecutions had to go through the CPS. The CPS work closely with the police to build a
secure case to charge and try a suspect. The CPS also ensures that cases only proceed if
there is substantial basis for them to do so in accordance with the Criminal Justice act
(2003,) which sets out the rules of evidence and what a court can consider to be admissible.
The CPS uses a series of tests to see if the case meets the standards needed to secure a
conviction.
Full code test
The full code test is a two stage test that helps the CPS decide if they should prosecute a
suspect and allows for consistency and fairness when prosecuting. The two stages include
the evidential and the public interest test.
The evidential test
The evidential test allows prosecutors to decide if, based on the evidence available, the
prospect of a conviction is realistic. When deciding if the evidence is enough, the prosecutor
must ask themselves: is the evidence admissible? Is the evidence reliable? And Is the
evidence credible? The evidence must also be more likely than not for an objective, impartial
and reasonable judge, jury or magistrate to find the defendant guilty. If a case did not pass
this stage, the prosecutor must decide if the prosecution is in the public's interest.
The Public Interest test
If prosecutors do not feel that the evidence at hand is sufficient to pass the evidential test,
they will move on to the public interest test. Numerous questions must be considered to
decide if a prosecution is in the Public's interest, not all of the questions will be relevant to all
cases. Prosecutors must ask themselves how serious the offence is, the more serious the
offence the more likely it is to be persecuted. They must also ask how culpable the suspect
is, this is weighing up how blameworthy they are for the offence, the more at fault they are
the more likely the prospect of a conviction is. The cost of prosecutions is weighed against
the importance/seriousness of the case and so, prosecutors must decide if prosecution is a
proportionate response. To be in the public's best interest, the offence has to have had an
impact on the community and the higher the impact on the community it is the higher the
chances of pursuing the case.
The Threshold Test
In a minority of cases, a prosecution may go ahead even if the evidential part of the full code
test cannot be satisfied. When this does happen, the threshold test must be applied and all 5
conditions must be met in order to advance with the case. The 5 conditions are as follows:
● There must be reasonable grounds to suspect the person charged has committed the
offence
