Topic 2.1 - Explain the requirements of the Crown Prosecution Service for the prosecution of suspects (4
marks, 20 mins)
The Crown Prosecution Service
Set up in 1986 under the Prosecution of Offences Act 1985. They took over the prosecuting role from police as there was a risk of bias in letting both of
them investigate and prosecute cases. They prosecute all serious or complex cases. They independently look at evidence from police and decide to prosecute
or not and what charges to give. It then makes and presents the prosecution case in court. They can advise police during an investigation.
The Full Code Test
To prosecute they must pass the Full Code Test which is put in once police have made all reasonable lines of inquiry. Laid down in the code for crown
prosecutors. It's made up of the evidential test and the public interest test.
The 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 no matter how serious or sensitive it is.
Is the evidence admissible in court?
Prosecutors have to assess if the evidence will be inadmissible by the court as it could be ruled out as hearsay evidence.
Is the evidence reliable?
Prosecutors have to decide if there are any reasons to question the reliability or accuracy of the evidence such as if the witnesses are truthful with good
character.
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.
Case study - Damilola Taylor - Taylor was a 10 year old schoolboy found dead from a leg wound. The case underwent a lengthy trial spanning 6 years and
including 3 trials before convicting 2 brothers. Prosecution's case was filled with holes and heavily reliant on unreliable witnesses. This shows the CPS’
failure to ensure the case was ready to go to court
The Public Interest Test
When there's enough evidence for convicting a suspect the prosecutors then decide if the prosecution is required in the public interest by looking at the
following points:
Seriousness of crime - More serious means more likely to be convicted.
Blame/responsibility - Greater the culpability, the more likely they will be prosecuted.
Vulnerability of victim - More vulnerable the victim, the prosecution is more likely. For example if the offence was motivated by prejudice.
Suspects age/maturity - If the suspect is younger, they are less likely to be prosecuted.
marks, 20 mins)
The Crown Prosecution Service
Set up in 1986 under the Prosecution of Offences Act 1985. They took over the prosecuting role from police as there was a risk of bias in letting both of
them investigate and prosecute cases. They prosecute all serious or complex cases. They independently look at evidence from police and decide to prosecute
or not and what charges to give. It then makes and presents the prosecution case in court. They can advise police during an investigation.
The Full Code Test
To prosecute they must pass the Full Code Test which is put in once police have made all reasonable lines of inquiry. Laid down in the code for crown
prosecutors. It's made up of the evidential test and the public interest test.
The 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 no matter how serious or sensitive it is.
Is the evidence admissible in court?
Prosecutors have to assess if the evidence will be inadmissible by the court as it could be ruled out as hearsay evidence.
Is the evidence reliable?
Prosecutors have to decide if there are any reasons to question the reliability or accuracy of the evidence such as if the witnesses are truthful with good
character.
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.
Case study - Damilola Taylor - Taylor was a 10 year old schoolboy found dead from a leg wound. The case underwent a lengthy trial spanning 6 years and
including 3 trials before convicting 2 brothers. Prosecution's case was filled with holes and heavily reliant on unreliable witnesses. This shows the CPS’
failure to ensure the case was ready to go to court
The Public Interest Test
When there's enough evidence for convicting a suspect the prosecutors then decide if the prosecution is required in the public interest by looking at the
following points:
Seriousness of crime - More serious means more likely to be convicted.
Blame/responsibility - Greater the culpability, the more likely they will be prosecuted.
Vulnerability of victim - More vulnerable the victim, the prosecution is more likely. For example if the offence was motivated by prejudice.
Suspects age/maturity - If the suspect is younger, they are less likely to be prosecuted.
