AC2.1 - Explain the requirements of the CPS for prosecuting suspects
The Role of the CPS
● The CPS is the primary legal prosecuting authority in England and Wales
● It was established in 1986 through the Prosecution of Offences Act 1958 to address potential bias that
stemmed from the police having both investigation and prosecutorial power
● The CPS guide investigative strategies and evidence needed to construct a sound case, serving as a
counterbalance to the Police and Criminal Evidence Act’s powers
● The CPS is responsible for reviewing evidence and determining whether to proceed with a prosecution and
what charges to file; the CPS may provide their legal representatives to present the case in court
● To decide on prosecution, the CPS must follow criteria outlined in the Code for Crown Prosecutors
● In 2003 the Criminal Justice Act brought about some changes to certain aspects of the CPS
○ The way cases were assigned to courts saw changes, making the process more efficient
Magistrates were granted more sentencing authority, reducing the necessity for cases to go to Crown
○ The CPS began handling prosecutions for cases investigated by the Serious Organised Crimes Agency
The Full Code Test
● This test is implemented after the police have exhausted all reasonable investigative efforts
● The test determines if production is warranted and consists of the evidential test and public interest test
The Evidence Test
● This test ensures that there is enough evidence that reasonably convince an unbiased and fair jury,
magistrate, or judge of the suspect's guilt
● Prosecutors will evaluate evidence by considering admissibility, reliability, and credibility
○ Assess whether evidence is likely to be rejected as inadmissible due to factors like hearsay
○ Are there any reasons to question reliability, this regards the accuracy and integrity of evidence
○ Assess whether the evidence is credible, which means considering the situations would the evidence
make an average person think it's believable and likely true
● If a case does not meet these evidential requirements, it should not proceed past this stage
Case Study - Damilola Taylor
★ Damilola Taylor was found in a Peckham flat stairwell with a severed artery on his left thigh
★ The prosecution relied heavily on a 14-year-old witness known as Bromley, however, her testimony was
discredited due to the obvious lies
★ The CPS faced criticism for not recognising the obvious falsehoods in Bromley’s statements
★ The failure to identify and address such lies raises concerns about the effectiveness of the evidential test, the
testimonial evidence of Bromley is not reliable or accurate and should not have passed the test
The Public Interest Test
● Prosecutors must assess if the pursuit of prosecutions serves the public interest
● This evaluation involves considering a set of questions, although not all questions apply to every case and the
importance placed on each question may vary based on the details of the case
○ How serious is the crime? - The more serious the crime the more likely the prosecution
○ What is the suspect’s level of culpability? - Premeditation, gains, involvement, prior convictions
○ What harm has the victim suffered? - Greater victim suffering the more likely the prosecution
○ Suspects age and maturity - younger offenders are less likely to be prosecuted
The Role of the CPS
● The CPS is the primary legal prosecuting authority in England and Wales
● It was established in 1986 through the Prosecution of Offences Act 1958 to address potential bias that
stemmed from the police having both investigation and prosecutorial power
● The CPS guide investigative strategies and evidence needed to construct a sound case, serving as a
counterbalance to the Police and Criminal Evidence Act’s powers
● The CPS is responsible for reviewing evidence and determining whether to proceed with a prosecution and
what charges to file; the CPS may provide their legal representatives to present the case in court
● To decide on prosecution, the CPS must follow criteria outlined in the Code for Crown Prosecutors
● In 2003 the Criminal Justice Act brought about some changes to certain aspects of the CPS
○ The way cases were assigned to courts saw changes, making the process more efficient
Magistrates were granted more sentencing authority, reducing the necessity for cases to go to Crown
○ The CPS began handling prosecutions for cases investigated by the Serious Organised Crimes Agency
The Full Code Test
● This test is implemented after the police have exhausted all reasonable investigative efforts
● The test determines if production is warranted and consists of the evidential test and public interest test
The Evidence Test
● This test ensures that there is enough evidence that reasonably convince an unbiased and fair jury,
magistrate, or judge of the suspect's guilt
● Prosecutors will evaluate evidence by considering admissibility, reliability, and credibility
○ Assess whether evidence is likely to be rejected as inadmissible due to factors like hearsay
○ Are there any reasons to question reliability, this regards the accuracy and integrity of evidence
○ Assess whether the evidence is credible, which means considering the situations would the evidence
make an average person think it's believable and likely true
● If a case does not meet these evidential requirements, it should not proceed past this stage
Case Study - Damilola Taylor
★ Damilola Taylor was found in a Peckham flat stairwell with a severed artery on his left thigh
★ The prosecution relied heavily on a 14-year-old witness known as Bromley, however, her testimony was
discredited due to the obvious lies
★ The CPS faced criticism for not recognising the obvious falsehoods in Bromley’s statements
★ The failure to identify and address such lies raises concerns about the effectiveness of the evidential test, the
testimonial evidence of Bromley is not reliable or accurate and should not have passed the test
The Public Interest Test
● Prosecutors must assess if the pursuit of prosecutions serves the public interest
● This evaluation involves considering a set of questions, although not all questions apply to every case and the
importance placed on each question may vary based on the details of the case
○ How serious is the crime? - The more serious the crime the more likely the prosecution
○ What is the suspect’s level of culpability? - Premeditation, gains, involvement, prior convictions
○ What harm has the victim suffered? - Greater victim suffering the more likely the prosecution
○ Suspects age and maturity - younger offenders are less likely to be prosecuted
