Verified 100% Correct
What is the fundamental nature and existence of the CPS? - ANSWER To assist the
police and determine whether the police should arrest an individual due to sufficient
evidence or a good enough reason.
What are the CPS's Working Practices? - ANSWER 13 Geographical areas across
England and Wales.
24/7 CPS Direct advice centre.
Consider Full Code Test - ANSWER What are the two parts to this?
What if they do not have evidence?
The CPS have a full code test which is used to help produce consistency and fairness in
prosecuting, this full code test consists of two stages of testing to decide if there should
be a prosecution.
The first test is called the Evidential test which involves considering what the defence
case would consist of and how it will be likely to affect conviction. This test requires
sufficient evidence to produce a conviction. This test needs to be used as without
sufficient evidence the case cannot move to prosecution.
The second test is called the public interest test which is based more on the severity of
the offence and looks at the level of culpability of the suspect. This test also pays
attention to the circumstances and harm caused to the victim, age of the suspect and
the impact the crime has caused on the community.
The big question linked with this test is; is prosecution an appropriate response and do
any of the sources of information require protection.
There is one more test called the Threshold test, this test allows an immediate decision
despite the evidence not all being available.
This means the full code test cannot be used when the Threshold test is used. This test
does cause some issues such as an infringement of liberty as the court can't make a
conviction without the required evidence. However, there is an exception if the suspect
is a bail risk and not all the evidence has been collected by custody release.