cps Flashcards
(6 cards)
what is the first strength of the cps?
One strength of the CPS is that it is an independent body set up under the Prosecution of Offences Act 1985. The CPS will use the Full Code Test in which cases will have to pass the evidential and public interest tests, when deciding whether to prosecute a case.This shows the CPS are effective in achieving social control as although they are separate from the police, they work with them to bring about social control and the full code test provides an uniform and fair approach to its role and allows a due process model of justice to be implemented.
what is the 2nd strength of the cps?
Another strength of the CPS is their availability as they have a 15th ‘virtual’ area called CPS Direct.This provides charging decisions on priority cases 24 hours a day, 365 days a year and in 2021, CPS Direct handled over 240,000 cases. . This shows the CPS are effective in achieving social control because suspects are being swiftly dealt with and brought to justice on appropriate charges which aids public protection.
what is the 3rd strength of the cps?
A final strength of the CPS is their work to support victims and witnesses of crime. This is achieved through initiatives such as the Victim’s Right to Review Scheme (VRR), which allows victims an opportunity to challenge decisions not to prosecute. Additionally, Witness Care Units (WCU) are used to manage the care of victims and witnesses from the point of charge through to the conclusion of a case. The support offered by the CPS helps to improve confidence in the justice system and ensure cooperation. As a result, this will lead to more successful prosecutions and convictions thereby achieving effective social control.
what is the first limitation of the cps?
One weakness of the CPS is that there have been issues with the failure to prosecute rape cases. In 2022 studies suggest 60% of alleged rapists have previously committed other crimes - but only 1.3% of rapes are prosecuted. Rape prosecutions have dropped by 70% since 2016 to their lowest levels on record.This shows the CPS are not effective in achieving social control because society are not protected from dangerous criminals.
what is the 2nd limitation of the cps?
Another weakness of the CPS is that due to a lack of funding there are inexperienced staff that work for the CPS and this means that mistakes can be made. In the Damilola Taylor case, an unreliable 14 year old witness’s testimony passed the evidential test but the CPS failed to notice the girl was lying as they failed to examine the evidence clearly. As a result, it took six years and three trials for brothers Danny and Ricky Preddie to be convicted of manslaughter. This shows the CPS are not effective in achieving social control because mistakes in conducting the Full Code Test can lead to potentially dangerous offenders free to commit further crime.
what is the 3rd limitation of the cps?
There have been occasions when the CPS has failed to bring about social
control. It has been beset by funding problems and criticisms that it is centralised,bureaucratic, ineffective and too close to the police. Sir Iain Glidewell produced a report in 1998, stating that the organisation lacked effectiveness and efficiency and particularly referred to the number of judge-ordered acquittals of defendants being far too high. A motion for a judgment of acquittal can be granted only if no reasonable jury could find beyond a reasonable doubt that the defendant committed the crime charged. This essentially means that the prosecution’s evidence is too weak to support a conviction, therefore the CPS could be criticised for not achieving social control.
