CPS

Question 1

Why was the CPS established?

Answer 1

To take responsibility for making the decision whether to prosecute

Question 2

Before the CPS who made the decision on whether to prosecute?

Answer 2

The police

Question 3

What did the Justice Report 1970 ID?

Answer 3

Problems with the prosecution role of the police - they were bias towards prosecuting
A high number of cases had evidence tampered with IOT secure a conviction, miscarriages of J

Question 4

What ID problems with the polices prosecution role?

Answer 4

Justice report 1970

Question 5

What did the Phillips Royal Commission 1978 recommend?

Answer 5

Establishment of an independent agency - take charge of prosecuting suspects

Question 6

What recommended the establishment of an independent agency?

Answer 6

Phillips Royal Commission 1978

Question 7

What act established the CPS?

Answer 7

Prosecution of Offences Act 1985

Question 8

Who is the CPS headed by?

Answer 8

Director of Public Prosecutions

currently Alison Saunders

Question 9

Who is the current DPP?

Answer 9

Alison Saunders

Question 10

When does the CPS take over a case?

Answer 10

As soon as the police have finished collecting evidence + investigating

Question 11

What are the 5 roles of the CPS?

Answer 11

1. Decides to bring prosecution against suspect
2. Advise pol on the charges (CPS charging standards)
3. Reviews cases presented by pol
4. Prepares case for Ct
5. Presents case in Ct - all CPS lawyers have rights of audience

Question 12

How many areas are there in the UK?

Answer 12

42 - split into further branches (headed by Branch CP)

Question 13

What do the 42 areas in the UK correspond to?

Answer 13

The number of police forces - each headed by Chief Crown Prosecutor

Question 14

Who are each of the 42 areas headed by?

Answer 14

Chief Crown Prosecutor

Question 15

What % of cases dealt with by the CPS in2008/9 resulted in a conviction?

Answer 15

80.7%

Question 16

Where are the codes of practice contained?

Answer 16

s10 Prosecution of Offences Act 1985

Question 17

What are the 2 stages in deciding whether to prosecute?

Answer 17

1. Evidential test

2. Public interest test

Question 18

What is the evidential test?

Answer 18

Stage 1
Realistic prospect of conviction?
Objective test - is evidence sufficient/ reliable?
If this test fails the case won’t proceed

Question 19

Examples of reliable evidence?

Answer 19

DNA
Voluntary confession
Eye witness from the scene of the crime

Question 20

Examples of unreliable evidence?

Answer 20

Blurred CCTV
Confession obtained by oppression
Eyewitness testimony of a child

Question 21

Where is the code contained which gives us factors which are in the public interest?

Answer 21

s10 Prosecution of Offences Act 1985 - sets out factors which determine whether it is in the publics interest to prosecute or not.

Question 22

What are the factors in favour of prosecuting?

Public interest test

Answer 22

Offence involve a weapon
Against a person serving the public
If the conviction is likely to result in a significant sentence

Question 23

What are the factors against prosecuting?

Public interest test

Answer 23

The suspects has put right any loss/ harm caused
If the offence was committed as a result of a genuine mistake
If the suspect played a minor role in the commission of the offence

Question 24

What are controversial cases when deciding whether to prosecute?

Answer 24

Mercy killings e.g. assisted suicides

Question 25

What are the 2 cases that involved assisted suicides?

Answer 25

Kay Gilderdale
Francis Inglis
- assisted suicide of offspring in difficult circumstances

Question 26

What did Kier Starmer (DPP) say about assisted suicides?

Answer 26

It will nearly always be in the public interest to prosecute.

Question 27

When is the threshold test applied?

Answer 27

When the case fails the evidential test but it is believed that the suspects is too much of a risk to be released.

Question 28

What are the 3 questions asked when applying the threshold test?

Answer 28

1. Will the suspect be charged?
2. Realistic prospect of prosecution?
3. Any reasonable suspicion that the suspect committed the offence in question?

If these are satisfied, the public interest will be applied.

Question 29

What was the criticism made by the Narey Review 1997?

Answer 29

Lack of preparation + delays in bringing cases to Ct

Question 30

How has the Narey Review 1977 reformed the CPS?

Answer 30

Delays have been alleviated by employment of case workers - trained to review files + present straightforward G pleas to Ct, freed up CPS lawyers to deal with complex cases

Question 31

What were the 4 criticisms made by the Gildewell Report 1998?

Answer 31

1. Discontinuance of too many cases (12% brought by pol)
2. Downgraded charges in an alarming number of cases
3. Tense Rship between CPS + pol (hostile blame culture) leading to poor prep + delays
4. Unreliable witnesses = arriving in Ct/ not turning up at all.

Question 32

How has the Gilewell Rport 1998 reformed the CPS?

Answer 32

• 13 areas has now been decided into 42

- CPS = based in pol station IOT make working Rship more amicable

Question 33

Have the Gilewell Report 1998 reforms been successful?

Answer 33

No there is still evidence of tension
In 2006 the police complained about the unwillingness of the CPS to prosecute Abu Hamza case despite the considerable evidence