Unit 3 AC2.1 Notes
AC2.1 REQUIREMENTS OF THE CPS
What is the point of the full code test?
The role of the CPS
• Main public prosecutor in England and Wales
• Set up in 1986 under the Prosecution of Offences act 1985.
• Took over prosecuting from police to reduce risk of bias. –
• Police can do some minor cases, but CPS do all serious or complex cases.
• CPS advises police on investigations on lines of enquiry and needed evidence to build a
case.
• Independently assesses the evidence submitted by police and decides on if there should
be a prosecution, and what charge.
• Criminal Justice Act 2003, CPS issues written charge and a notice of court date – Then
prepares and presents the prosecution case in court
• CPS make decision about whether to prosecute by applying tests that are laid down in the
Code for Crown Prosecutors.
• Tests are not intended to decide a person’s guilt, that is role of the court.
• They decide whether there is a case for the court to consider.
Legislation
The Criminal Justice Act 2003 – The CPS issues a written charge with a notice informing the
defendant that they are required to appear in court
- The CPS must then prepare to present in court
The prosecution of offences act 1985
- This created the CPS
The Full Code Test
The evidential test - Embed case studies, e.g., when evidence was inadmissible / unreliable, etc.
Prosecutors must first be satisfied that there’s enough evidence for a realistic prospect of
conviction.
Must decide if evidence is enough for an objective, impartial and reasonable jury/magistrate/or
judge to find the defendant guilty.
If case doesn’t pass evidential stage, it won't proceed, no matter how serious.
Is the evidence admissible in court? – Whether it will be rejected or allowed into court.
IS the evidence reliable? – Decide if there’s any reason to question the evidence’s reliability,
accuracy or integrity
Is the evidence credible? – Whether a reasonable person would believe it to be true in the light
of the case’s circumstances – reasonable person being jurors, judge or magistrates.
Prosecutors must decide evidence is admissible, reliable and credible. If not any, prosecution must
not proceed.
AC2.1 REQUIREMENTS OF THE CPS
What is the point of the full code test?
The role of the CPS
• Main public prosecutor in England and Wales
• Set up in 1986 under the Prosecution of Offences act 1985.
• Took over prosecuting from police to reduce risk of bias. –
• Police can do some minor cases, but CPS do all serious or complex cases.
• CPS advises police on investigations on lines of enquiry and needed evidence to build a
case.
• Independently assesses the evidence submitted by police and decides on if there should
be a prosecution, and what charge.
• Criminal Justice Act 2003, CPS issues written charge and a notice of court date – Then
prepares and presents the prosecution case in court
• CPS make decision about whether to prosecute by applying tests that are laid down in the
Code for Crown Prosecutors.
• Tests are not intended to decide a person’s guilt, that is role of the court.
• They decide whether there is a case for the court to consider.
Legislation
The Criminal Justice Act 2003 – The CPS issues a written charge with a notice informing the
defendant that they are required to appear in court
- The CPS must then prepare to present in court
The prosecution of offences act 1985
- This created the CPS
The Full Code Test
The evidential test - Embed case studies, e.g., when evidence was inadmissible / unreliable, etc.
Prosecutors must first be satisfied that there’s enough evidence for a realistic prospect of
conviction.
Must decide if evidence is enough for an objective, impartial and reasonable jury/magistrate/or
judge to find the defendant guilty.
If case doesn’t pass evidential stage, it won't proceed, no matter how serious.
Is the evidence admissible in court? – Whether it will be rejected or allowed into court.
IS the evidence reliable? – Decide if there’s any reason to question the evidence’s reliability,
accuracy or integrity
Is the evidence credible? – Whether a reasonable person would believe it to be true in the light
of the case’s circumstances – reasonable person being jurors, judge or magistrates.
Prosecutors must decide evidence is admissible, reliable and credible. If not any, prosecution must
not proceed.
