The Crown Prosecution Service

Question 1

Who made the decision to prosecute prior to the cps?

Answer 1

The police

Question 2

Briefly, what is the history of the cps?

Answer 2

1970 - justice report, problems with prosecution role of the police
1978 - Philips royal commission recommend independent prosecuting agency
1985 - the prosecution of offences act

Question 3

What happened in 1970?

Answer 3

The justice report identified problems with the prosecution role of the police, it identified they were bias. They spent time investigating the crime so wanted a prosecution, there were a high number of cases where the police tampered with evidence

Question 4

What did the justice report 1970 identify?

Answer 4

There were problems with the prosecution role of the police. It identified they were not impartial, they were bias towards a prosecution as they invested time investigating the crime. It was found evidence had been tampered in a high number of cases leading to miscarriages of justice.

Question 5

In what year was the justice report?

Answer 5

1970

Question 6

What happened in 1978?

Answer 6

The Phillips royal commission recommended the establishment of an independent agency to take charge of prosecution suspect

Question 7

In what year was the Phillips Royal Commissions recommendation?

Answer 7

1978

Question 8

What did the Phillips Royal Commission recommend?

Answer 8

The Phillips royal commission recommended the establishment of an independent agency to take charge of prosecution suspect

Question 9

What happened in 1985?

Answer 9

The prosecution of offences act was established

Question 10

What year was the prosecution of offences act created?

Answer 10

1985

Question 11

What did the Prosecution of Offences act 1985 establish?

Answer 11

The crown prosecution service

Question 12

In what year was the crown prosecution service created?

Answer 12

1985

Question 13

Who heads the cps?

Answer 13

The director of public prosecutions, currently Alison Saunders

Question 14

Who is Alison Saunders?

Answer 14

The Director of Public Prosecutions, which heads the CPS

Question 15

Who is Alison Saunders answerable to?

Answer 15

The attorney general

Question 16

When does the CPS take control of the case?

Answer 16

When the police have finished collecting evidence and conducting the investigation

Question 17

What are the CPS’s roles?

Answer 17

Advises the police if the charge that should be brought against the suspect using CPS charging standards
Reviews cases the police present to them
Prepares cases for court
Presents cases in court
Decide whether to bring a prosecution against the suspect

Question 18

What’s the CPS’s main role?

Answer 18

To decide whether to bring prosecution against the suspect

Question 19

How many cases dealt with by the CPS resulted in conviction? And date?

Answer 19

2008-2009 80.7%

Question 20

What is the code of practice?

Answer 20

The practice for deciding whether to prosecute or not

Question 21

Where is the code of practice contained?

Answer 21

S10 of the Prosecution of Offences act 1985

Question 22

What is the S10 of the Prosecution of Offences act 1985 relevant to?

Answer 22

It is where the code of practice is contained

Question 23

What are the stages within the code of practice?

Answer 23

Stage 1 - the evidential test

Stage 2 - the public interest test

Question 24

What is the evidential test?

Answer 24

This is an objective test where the CPS ask questions such as is there a realist prospect of conviction? Is the evidence sufficient, reliable and admissible?

Question 25

What is reliable evidence?

Answer 25

DNA, voluntary confessions, eye witnesses from the scene of the crime

Question 26

What is unreliable evidence?

Answer 26

Blurred cctv, hearsay, confessions obtained by oppression

Question 27

What happens if the case fails the evidential test?

Answer 27

It will not progress to the next stage and the defendant will not go to court

Question 28

Why was the cps established?

Answer 28

To take the responsibility for making the decision as to whether to prosecute

Question 29

What is the second stage of second whether or not to prosecute?

Answer 29

The public interest test

Question 30

What is the public interest test?

Answer 30

There are factors which need to be considered to determine whether it is in the public interest to prosecute

Question 31

Where are the factors which need to be considered in the public interest set out?

Answer 31

S10 Prosecution of Offences act 1985

Question 32

What are the factors in favour of prosecution?

Answer 32

The offence involved a weapon The offence was committed against someone serving the public The conviction is likely to result in a significant sentence

Question 33

What are the factors against prosecution?

Answer 33

The suspect has put right the loss or harm that was caused The offence was committed as a result of a genuine mistake or misunderstanding The suspect played a minor role

Question 34

What are controversial cases for the CPS?

Answer 34

Mercy killings

Question 35

What is the CPS's stance on mercy killings?

Answer 35

That it will nearly always be in public interest to prosecute

Question 36

Who stated 'it would always be in public interest to prosecute' those who have committed mercy killings?

Answer 36

The DPP (director of public prosecutions) at the time, Kier Starmer

Question 37

What is an example of a mercy killing?

Answer 37

Francis Inglis

Question 38

How can a defendant be prosecuted against even if their case fails the evidential test?

Answer 38

It can be referred to the threshold test

Question 39

What is the threshold test?

Answer 39

This is a test which is applied when a case fails the evidential test but it is believed the suspect is too much of a risk to be released

Question 40

What questions are asked in the threshold test?

Answer 40

Will the suspect be charged? Is their a realistic prospect of conviction? Is there a reasonable suspicion that the person arrested has committed the offence in question?

Question 41

What happens if the case passes the threshold test?

Answer 41

It will proceed to the public interest test

Question 42

Briefly, what are the criticisms of the CPS?

Answer 42

1997 the Narvey review | 1998 Glidewell report

Question 43

What happened in 1997?

Answer 43

Narvey review

Question 44

In what year was the Narvey review?

Answer 44

1997

Question 45

What happened in 1998?

Answer 45

The Glidewell report

Question 46

In what year was the Glidewell report?

Answer 46

1998

Question 47

What was said in the Narvey review in 1997?

Answer 47

Lack of preparation | Delays in bringing cases to court

Question 48

What happened in response to the Narvey review 1997?

Answer 48

Case workers were employed to review files and present straightforward guilty pleas in court to CPS lawyers to deal with more complex cases in court

Question 49

What was said in the Glidewell report 1998?

Answer 49

That too many cases were discontinued (12%) Tense relationship between the police and CPS which created a hostile blame culture. This contributed to poor preparation and delays It downgraded charges in an alarming number of cases

Question 50

What happened in response to the Glidewell report 1998?

Answer 50

The CPS is now based in police stations to encourage a better working relationship, criminal justice units have also assisted this A revised code for Crown Prosecutors was published

Question 51

What is evidence that there is still tension between the CPS and police?

Answer 51

In 2006 the police complained about the unwillingness of the cps to prosecute in the Abu Hamza case despite considerable evidence

Question 52

What happened in 2006?

Answer 52

In 2006 the police complained about the unwillingness of the cps to prosecute in the Abu Hamza case despite considerable evidence

Question 53

What did the Auld review recommend in 2001?

Answer 53

Statutory charging

Question 54

What happened in 2001?

Answer 54

The Auld review

Question 55

In what year was the Auld review?

Answer 55

2001

Question 56

Who recommended statutory charging?

Answer 56

The Auld review 2001

Question 57

What happened in response to the Auld review 2001?

Answer 57

Since 2006 the CPS is now responsible for charging serous or complex cases; this is no longer the polices role. This has reduced the number of discontinued cases