Flashcards in The Crown Prosecution Service Deck (32):
Why was the CPS established?
To take responsibility for making the decision to prosecute.
What years are important in the History of the CPS?
1970, 1978 and 1985.
What happened in 1970 regarding the CPS?
Justice Report identified problems with the prosecution role of the police.
Why was there a problem with the prosecution role of the police?
They were not impartial, said to be bias towards prosecution. High number of cases where police had tampered with evidence.
What happened in 1978 regarding the CPS?
The Phillips Royal Commission recommended establishment of an independent agency to take over the role.
What happened in 1985 regarding the CPS?
The Prosecution of Offences Act established the CPS.
Who is the head of the CPS?
The Director of Public Prosecutions (DPP).
Who is the Director of Public Prosecutions answerable to?
The Attorney General.
What does the CPS do?
Takes control of cases and soon as police are done investigating them.
What are the main roles of the CPS?
1. Advises police on the charge that should be brought against suspect.
2. Reviews cases police present to them.
3. Prepared cases for Court.
4. Presents cases in Court.
5. Decided whether to bring prosecution against suspect.
How many areas of police force in the UK are there?
42 areas that correspond with police forces.
What are the areas in the UK headed by?
Chief Crown Prosecutor.
What are the areas split into?
What are the further branches of the areas headed by?
Branch Crown Prosecutor.
What % of cases in 2008-2009 resulted in convictions by the CPS?
Where is the code of practice contained?
S10 of the Prosecution of Offences Act 1985.
What Stages are there of the decision to prosecute?
Stage 1 – apply the Evidential Test.
Stage 2 – apply the Public Interest Test.
What is Stage 1 of the decision to prosecute?
Is there a realistic prospect of conviction? Objective test. Is the evidence sufficient, reliable and admissible?
What happens if the case fails the evidential test?
The case will not progress to the next stage.
What is Stage 2 of the decision to prosecute?
Is the case in the public interest to prosecute?
What are factors in favour of prosecution?
• Offence involves use of a weapon.
• Offence committed against a public servant.
• Conviction likely to result in significant sentence.
What are factors against prosecution?
• Suspect has put right the loss/harm caused.
• Offence committed as a result of a genuine mistake.
• Suspect played a minor role in the offence.
What are two controversial cases?
Kay Gilder dale and Frances Inglis, both mercy killed their offspring.
What was stated by the DPP about mercy killings?
They will nearly always by in the public’s interest to prosecute.
What is the other test to decide whether to prosecute?
The Threshold test.
What is the threshold test?
If the case fails the evidential test but it is believed that the suspect is too dangerous to be released, CPS will apply the Threshold Test.
What does the Threshold test ask?
1. Will the suspect be charged?
2. Is there a realistic prospect of conviction?
3. Is there a reasonable suspicion that person has committed the offence?
What happens if the conditions of the threshold test are satisfied?
The public interest test will be applied.
What reports evaluated the CPS?
1997 – The Narey Review
1998 – Glidewell Report
2001 – The Auld Review
What did the Nary Review say?
Lack of preparation and delays. Alleviated by employment of case workers.
What did the Glidewell Report say?
Too high (12%) discontinuance of cases.
Downgraded charged in alarming number of cases.
Tense relationship between police and CPS led to hostile blame culture.
CPS now based in police stations, joined up working is encouraged.
Witnesses’ were unreliable or didn’t turn up.