Lecture 6- Prosecution and Plea Bargaining

Question 1

What are the key readings?

Answer 1

Campbell et al, Brown et al, The Code for Crown Prosecutors,

Question 2

What are the key points from Campbell et al?

Answer 2

The process is about protecting the innocent
Victims of the offence would have to be behind the decision to prosecute
There are economic reasons for not prosecuting
There are issues with evidential sufficiency in practice as the test should be varied
Mental illness should be a factor
There are issues with withdrawing statement due to threats from the abuser

Question 3

What is the John Report?

Answer 3

A report that focused on possible racial bias in decisions to prosecute

Question 4

What does paragraph 6.4 of the 2004 code of prosecutors consider?

Answer 4

Evidence available at the time
Likelihood and nature of further evidence being obtained
Reasonableness for believing that evidence will become available
Time to gather evidence
Impact of the evidence
Charges the evidence will support

Question 5

What does Baldwin say?

Answer 5

Prosecutors share a common value with the police that serious cases should be prosecuted irrespective of considerations of evidence

Question 6

What are the key points from Brown et al?

Answer 6

Criticisms of plea bargaining to be abolished
Plea bargaining reduced the risk that the defendant walks free
Lower class people are more likely to take the plea bargain due to leniency
Plea bargaining produced fewer errors in the form of acquittals and more in the form of false convictions

Question 7

What is plea bargaining due to?

Answer 7

Rationality- cutting cost and time
Bureaucracy to make a functional system
Complexity- the complex trial process

Question 8

What is culpability determined by?

Answer 8

‘suspect’s level of involvement’
‘the extent to which the offending wad premediated and/or planned’
‘the extent to which the suspect has benefitted from criminal conduct’
‘whether the suspect has previous criminal convictions and/or out-of-court disposals and any offending whilst on bail or whilst subject to a court order;’
‘whether the offending was or is likely to be continued, repeated or escalated;’, ‘the suspect’s age and maturity’
If ‘the suspect is under 18 or lacks maturity’, then prosecution will be due to ‘public interest’

Question 9

What are the conditions of the threshold test?

Answer 9

If there is reasonable grounds to suspect
If further evidence can be obtained
The seriousness of the case and if it justifies the making of a decision
If it is in public interest

Question 10

What are the main roles in the Code for Crown Prosecutors?

Answer 10

They cannot be swayed by political matters or succumb to pressure from other sources
Ensuring correct appliance of the law
Ensuring human rights are met
Making assessment about charging for the court to understand
To make sure the right person is prosecuted with the right offence
One of the roles is to give guidance to prosecutors on the principles so they can make fair decisions
Reviewing cases from the police
Evaluating the evidential and noticing the weaknesses

Question 11

What is the purpose of criminal law?

Answer 11

The law applies equally to everyone
The law is not secret or arbitrary
Laws are enforced fairly and
The justice system is fair

Question 12

What are the crown prosecution service cases that they deal with?

Answer 12

Most cases

Question 13

What are the HM Revenue and Customs
cases that they deal with?

Answer 13

Tax offences

Question 14

What are the Customs and Excise
cases that they deal with?

Answer 14

Illegal importation of drugs

Question 15

What are the Department for Work and Pensions cases that they deal with?

Answer 15

Benefit fraud

Question 16

What are the serious fraud office cases that they deal with?

Answer 16

High level fraud

Question 17

What are the Health and Safety Executive cases that they deal with?

Answer 17

Corporate homicide

Question 18

What are the Private Prosecution cases that they deal with?

Answer 18

Private individuals and organisations

Question 19

How was the crown prosecution service established?

Answer 19

Established under the Prosecution of Offences Act 1985

Question 20

What authority does the CPS have?

Answer 20

Principal prosecuting authority

Question 21

What are the statistics from the 2022-23 Annual Report from the CPS?

Answer 21

7,000+ staff
402,000 prosecutions
83.8% conviction rate

Question 22

What are the issues in the CPS?

Answer 22

Case load backlogs
8.4 increase in staffing following the decline
Declining of public confidence in how the CJS respond to violence against women and girls
Cases collapsing over disclosure failures

Question 23

What are the functions of the CPS?

Answer 23

Decides which cases should be prosecuted
Determines the appropriate charges in more serious or complex cases and advises the police
Prepares cases and presents them at court
Provides information, assistance and support to victims and prosecution witnesses

Question 24

What are the values from the CPS?

Answer 24

Independence and fairness
Honesty and openness
Respectfulness
Professionalism and excellence

Question 25

What is the decrease in rape offences that were convicted 2021-22 vs 2022-23?

Answer 25

8%

Question 26

What are the casework divisions of CPS?

Answer 26

Specialist Fraud International Justice & Organised Crime Specialist Crime & Counter-Terrorism Serious Economic, Organised and International

Question 27

Who found the adult out of court disposals?

Answer 27

Sentencing council, 2023

Question 28

What are the adult out of court disposals?

Answer 28

Cannabis warning, simple caution, conditional caution, penalty notice for disorder, fixed penalty notice, community resolution

Question 29

What did the proposal of the adult out of court disposals want to replace

Answer 29

1-4 with community caution and diversionary caution

Question 30

Who found the juvenile out of court disposals?

Answer 30

Ministry of Justice, 2013

Question 31

What are the juvenile out of court disposals?

Answer 31

Community resolution, youth caution, youth conditional caution

Question 32

What tests and stages when making the decision to prosecute?

Answer 32

The full code test and next the public interest stage

Question 33

What occurs in the full code test?

Answer 33

The evidential stage leading to the objective test

Question 34

What occurs in the evidential stage?

Answer 34

If the evidence can be used in court If the evidence is reliable If the evidence is credible

Question 35

What occurs if the case doesn't satisfy the evidential stage?

Answer 35

The case will not proceed

Question 36

What occurs in the public interest stage?

Answer 36

A discretionary test

Question 37

What is done in the public interest stage?

Answer 37

If it is in public interest to prosecute How serious the offence is The level of culpability Circumstance of the harm caused Impact on the community If the prosecution is a proportionate response

Question 38

What are the additional factors to be considered in CPS prosecuting? (CPS 2018)

Answer 38

If there is correct jurisdiction to prosecute If the defendant has immunity (age of criminal responsibility) S127 Magistrates Court Act 1980 Bribery Act 2010 If the prosecution amount of an abuse of process

Question 39

What is S127 Magistrates Court Act 1980 ?

Answer 39

If the offence time is barred

Question 40

What is the Bribery Act 2010?

Answer 40

If the CPS needs permission of DPP or AG to prosecute

Question 41

What is the position of victims from CPS?

Answer 41

“The Crown Prosecution Service does not act for victims or the families of victims in the same way as solicitors act for their clients. We act on behalf of the public and not just in the interests of any particular individual” 

Question 42

What is plea bargaining?

Answer 42

The defendant entering a guilty plea that results in a sentence concession

Question 43

What are the different types of plea bargaining?

Answer 43

Between judge and the accused – indication of likely sentence to allow D to allow D to make a choice to plead guilty (Goodyear direction) Between the prosecutor and accused results in a request for a more lenient sentence  Agreement by the prosecutor to accept a guilty plea to a lesser charge Agreement with prosecutor not to proceed on one or more counts

Question 44

What occurs in plea bargaining?

Answer 44

‘Basis of plea’ (how serious is the offence admitted to) must be agreed between prosecution and defence

Question 45

What occurs if there is a guilty plea at 1st stage of proceedings?

Answer 45

1/3 reduction of sentence

Question 46

What occurs if there is a guilty plea after 1st stage of proceedings?

Answer 46

1/4 decreasing on a sliding scale until the trial begins

Question 47

What are the exceptions from plea bargaining?

Answer 47

Some firearm offences Some terrorism, knife, and repeat drug and burglary offences- reduction cannot be below 80%

Question 48

What is the Ministry of Justice's responses to rising prison population and decline in space in prison?

Answer 48

Prisoners convicted of rape and equivalent offences not be eligible for automatic release part-way through their sentence Release of some prisoners convicted of 'lower level' offences eighteen days before their automatic release date on End of Custody Licence (ECL) Reviewing use of recall to reduce numbers in prison on recall £400 million for 800 new cells and £30 million to acquire land.