AC2.1
Explain the requirements of the Crown Prosecution service (CPS) for prosecuting suspects
What is the CPS?
- The Crown Prosecution Service was established in 1986 by the Prosecution of Offences Act
1985.
- They are an independent organisation that works closely with the police. It was felt at the
time a more independent organisation was needed to prosecute suspects.
- Before this change in the law, the police both investigated and prosecuted crimes which
could have led to a bias affecting the investigation.
- The criminal justice act (CJA) in 2003 reviews them and keeps them up to standards
- The CJA 2003 was introduced to modernise some of the area of policing and court processes.
Particularly in England and Scotland
CPS Responsibilities
- They advise the police in the early stages of an investigation (if the evidence is not tangible
then they will advise the police to find more evidence)
- They decide which cases to prosecute (They will only trial cases which are likely to win
prosecution)
- They determine the appropriate charge (the CPS decide what their charge will be)
- Prepare cases for court (collecting evidence for the prosecution)
- Present cases to court (goes to court to assist with cases)
Full code test
- The CPS uses a two-stage test (evidential and public interest test)
- it is put in place to help the CPS decide whether the should prosecute a suspect
Evidential Test
- Tests whether there is enough evidence for a realistic probability of conviction
- This means there is enough evidence for an impartial jury, magistrate or judge to find a
defendant guilty
- If it does not pass the test, the case will not proceed to court
They consider the following points:
- Is the evidence inadmissible in court?
- Is the evidence reliable? - are there any reasons to question the reliability or accuracy of the
evidence
- Is the evidence credible? - evidence that where the available facts, considering the
circumstances of the case, would cause a reasonable person to believe it is true. This refers
to jurors, magistrates, and judges
- They must consider what the defence case may be
- Integrity of the witness
Explain the requirements of the Crown Prosecution service (CPS) for prosecuting suspects
What is the CPS?
- The Crown Prosecution Service was established in 1986 by the Prosecution of Offences Act
1985.
- They are an independent organisation that works closely with the police. It was felt at the
time a more independent organisation was needed to prosecute suspects.
- Before this change in the law, the police both investigated and prosecuted crimes which
could have led to a bias affecting the investigation.
- The criminal justice act (CJA) in 2003 reviews them and keeps them up to standards
- The CJA 2003 was introduced to modernise some of the area of policing and court processes.
Particularly in England and Scotland
CPS Responsibilities
- They advise the police in the early stages of an investigation (if the evidence is not tangible
then they will advise the police to find more evidence)
- They decide which cases to prosecute (They will only trial cases which are likely to win
prosecution)
- They determine the appropriate charge (the CPS decide what their charge will be)
- Prepare cases for court (collecting evidence for the prosecution)
- Present cases to court (goes to court to assist with cases)
Full code test
- The CPS uses a two-stage test (evidential and public interest test)
- it is put in place to help the CPS decide whether the should prosecute a suspect
Evidential Test
- Tests whether there is enough evidence for a realistic probability of conviction
- This means there is enough evidence for an impartial jury, magistrate or judge to find a
defendant guilty
- If it does not pass the test, the case will not proceed to court
They consider the following points:
- Is the evidence inadmissible in court?
- Is the evidence reliable? - are there any reasons to question the reliability or accuracy of the
evidence
- Is the evidence credible? - evidence that where the available facts, considering the
circumstances of the case, would cause a reasonable person to believe it is true. This refers
to jurors, magistrates, and judges
- They must consider what the defence case may be
- Integrity of the witness
