CPS

Question 1

PHILLIPS COMMISSION

Answer 1

• Recommended independent agency to take charge of prosecution
• Guildford 4, Birmingham 6

Question 2

PROSECUTION OF OFFENCES ACT 1985

Answer 2

Established CPS.
- Headed by DPP
- Roles to advise police using the CPS Charging Standards, review cases, prepare cases, present cases, decide whether to prosecute

Question 3

s10 PROSECUTION OF OFFENCES ACT - CODE FOR CROWN PROSECUTORS

Answer 3

FULL CODE TEST
- Evidential test - realistic prospect of conviction?
- Public interest test - public interest to prosecute

Question 4

EVIDENTIAL

Answer 4

Evidence must be reliable, admissible, sufficient.
EWT of child, blurry CCTV = poor
DNA, good EWT, good CCTV = good
If failed, MUST be discontinued under s23 POA

Question 5

PUBLIC INTEREST

Answer 5

Kier Starmer:
- Seriousness? Circumstances and harm caused? Protection of sources of evidence?

Question 6

THRESHOLD TEST

Answer 6

For charging
- Reasonable suspicion they committed the offence
- Reasonable prospect of conviction