CPS Flashcards
CPS
-crown prosecution service
-independent body that prosecutes in criminal cases
Pre-1868
-police handled state prosecutions
-lead to over involvement and bias
-Birmingham 6, miscarriage of justice
CPS Act
-Phillips Commission 1978
-prosecution of offences act 1985
Who’s CPS ran by
DPP: directors of public prosecution
-Head of CPS
-lawyer for over 10years
-supervised by attorney general
-Stephen Parkinson
CPS Areas
-14 geographical areas
-chief crown prosecutor leads each one
Phone line
CPS Direct
-police still handle 72% of low crimes
-CPS responsible for serious crimes
-24/7
What are they responsible for
-reviewing cases
-charging decisions
-prepare case
-conduct prosecution in mag and crown
Para 4 Full code test
evidential test: realistic prospect of conviction
Inadmissible?
R v Paris
R v Mason
Para 4.8 Full code test
public interest: para 4.8
even if there is evidence there maybe a compelling reason not to prosecute
-Daniel James Parents
Para 4.12 Full code test
Prosecution consider
-seriousness
-harm and circumstance
-age
-community impact
PACE 1984
-24 hours
-36 hrs under superintendent
-72 hrs magistrates
-max 96hrs
Exceptions of Threshold Test
-custody clock near end
-not enough evidence
-high risk if out on bail
Allows suspect to be charged and held in custody
Problems with CPS
-lack of funding and short staffed
567 million
-decision to discontinue case or reduce charge, V feels justice not met
-judge ordered acquittal
CPS Improvements
-Auld review 2001: wrong charges
-Denman report 2001: racism
-Narey Review 1998: delays
