The Crown Prosecution Service(CPS) Flashcards
What do CPS first do?
decide whether to prosecute or drop case
When was it established?
1985 Prosecution of Offences Act
What is the role of CPS?
-advise police on charge against suspect
-review cases
-prepare cases for court
-present cases in court
-decide whether to bring a prosecution against suspect
What is the structure of CPS?
-divided into 14 areas across England and Wales
-each headed by Chief Crown Prosecutor
-each area is split into branches corresponding to police forces
People in CPS
-attorney general
-DPP
-chief crown prosecutors
-branch crown prosecutors
-lawyers and support staff
What is the inspectorate?
-set up under Crown Prosecution Service Inspectorate Act 2000
-answerable to attorney general
-enhance the quality of justice through independent inspection of prosecution services.
What are the Casework Quality Standards?
the public expects these standards and if they fail can be held accountable:
-victims, witnesses and communities
-legal decision making
-casework preparation
-presentation
Code for Crown Prosecutors
Determines whether the suspect is charged and is based on:
-evidential test
-public interest test
What is the evidential test?
-to pass there must be realistic prospect of conviction, evidence must be sufficient and admissible
-DNA or voluntary confession
-if don’t pass, must discontinue
-if they do pass move on to public interest test
What is the public interest test?
Considers a series of questions:
-seriousness of offence?
-level of culpability of suspect?
-circumstances and harm to victim?
-under 18?
-impact on community?
Appropriateness of out-of-court disposal should also be considered
What is the threshold test?
-used when a code test has failed and there’s not enough evidence to charge but too much risk to release
