Crown Prosecution Service (CPS)

Question 1

what is the CPS and it’s aims?

Answer 1

• to bring people to justice based on evidence and in the public interest to do so
• the CPS is the primary prosecuting authority

Question 2

what is the CPS roles?

Answer 2

• deciding which cases should be prosecuted
• determines the approximate charges in more serious and complex cases, and advises the police during the early stages of investigations
• prepares cases and presents them to court
• provide information and support for the victims and witnesses

Question 3

what is the history of the CPS?

Answer 3

1985 = Prosecution of Offences Act 1985 passed by Parliament
1986 = as a result, the CPS was formed. In their first year, the CPS handled 11,000 cases. It has since been as high as 1.4 million

Question 4

what is the first 4 codes and order the CPS must follow?

Answer 4

1 = introduction to what the code is designed for
2 = general principles
3 = decision whether to prosecute
4 = the full code test

Question 5

what is the 5th code for the CPS?

Answer 5

the threshold test:
1st condition = there are reasonable grounds to suspect that the person to be charged has committed the offence
2nd condition = further evidence can be obtained to provide a realistic prospect of conviction
3rd condition = the seriousness of the circumstances of the case justifies the making of an immediate charging decision
4th condition = there are continuing substantial grounds to bail in accordance with the Bail Act 1976 and in all circumstances of the case it is proper to do so
5th condition = it is in the public interest to charge the subject

Question 6

what is the 6-10 code for the CPS?

Answer 6

6 = selection of charges
7 = out of order disposal
8 = court venue (consideration for appropriate venue for trial cases involving children)
9 = accepting guilty plea’s
10 = reconsidering a prosecution decision

Question 7

what do the CPS have to consider for the public interest?

Answer 7

• how serious is the level of offence committed
• what is the level of culpability of the suspect
• what are the circumstances, and the harm caused to the victim
• what was the suspect’s age and maturity and the time of the offence
• what is the impact on the community
• is the prosecution a proportionate response

Question 8

what is the structure of the CPS?

Answer 8

• headed by the Director of Public Prosecutions appointed by the General Attorney
• there are 14 areas in casework divisions
• the human resources structure: executive team (lead prosecutor and deputy), crown court team, magistrates court team, rape and serious sexual offences unit, complex casework unit, and fraud centre

Question 9

what are some pros of the CPS?

Answer 9

• neutral because they follow a CPS code
• does well in a difficult environment (politics)
• pro-active on social issues (e.g. honour killings)
• mindful of the victim
• subject of state reviews

Question 10

what are some cons of the CPS?

Answer 10

• miscarriages of justice
• increased plea bargaining
• COVID prosecutions = backlog of 66,000 cases set for trial so prison population has risen and victims have lost faith in the CJS
• public interest?
• persistent failings (rape) = significant drop in rape prosecutions. There has been a 70% fall in just 4 years. This could be because of funding cuts of the CPS, lower staff levels, or social media scrutiny for victims