CPS

Question 1

Established 1986 with concerns over:

Answer 1

Police prosecution processes (too erratic)

Question 2

2 tests:

Answer 2

1) sufficient evidence

2) in public interest

Question 3

Although due process and strict procedural ‘justice’ allied most to courts, lashes, legal practice - still degree of interpretation

CPS also have to translate behaviour/evidence into a ‘charge’ =

Answer 3

Discretion

Question 4

3 other factors affecting choice of charge =

Answer 4

1) what court powers are attached to charge to allow adequate powers to sentence
2) which change allows case to be presented in a clear and simple way
3) seriousness of extent of alleged offending

Question 5

4 criticisms:

Answer 5

1) downgrading - move to lesser charge
2) discontinuance - dropping a case
3) plea bargaining - defendant early guilty plea = lesser charge
4) process rife with tensions between factual guilt and legal guilt