UNIT 3

Question 1

what are the main responsibilities of the CPS

Answer 1

are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation.

Question 2

what do the CPS do

Answer 2

they decide if the case has enough evidence to charge them.

Question 3

what would be the aim of the CPS

Answer 3

be to get a conviction and get the offender sentenced.

Question 4

when was the CPS established

Answer 4

1986

Question 5

what is the CPS primarily made up of and what do they act as in cases

Answer 5

lawyers (solicitors and barristers) who act as prosecutors in criminal cases.

Question 6

are the CPS an independent body

Answer 6

yes

Question 7

what are the 5 functions of the CPS

Answer 7

• they advise the police in the early stages of an investigation, such as what evidence may be required
• decide the appropriate charge or charges for a suspect, by independently assessing the evidence available
• prepares and presents cases for court when prosecution has occurred
• additionally provide support for victims and witnesses
• prosecutors must be fair, impartial and objective

Question 8

what does the The Prosecution Of Offences Act 1985 mean for the CPS

Answer 8

This is an act that legally established the cps. it outlines the initial role of the cps.

Question 9

why is the criminal justice act 2003 important to the cps

Answer 9

it lays out any key rules, instructions and processes regarding criminal justice eg arrests, bail, cautions, appeals, charging. The charging role of the cps is laid out in part 4 of this act it includes how the charges should be decided, how the suspect will be notified of charges, the relationship between the cps, police and court system.

Question 10

what does evidence have to be to be considered admissible

Answer 10

valid, reliable, credible and relevant

Question 11

What does the CPS has to think about when deciding whether or not it is worth prosecuting offences

Answer 11

They need to decide whether or not it is in the public’s interest to prosecute, this is if the trial will cost a lot of money, is this person a threat to society. evidence needs to be good enough to prove guilt beyond reasonable doubt for a secure conviction.

Question 12

what is the full code test made up of

Answer 12

the evidential test and the public interest test

Question 13

what does the evidential test look at

Answer 13

the evidence that would be presented and would be testimonial and physical evidence. and then they would look and decide to see if it is enough to prosecute.

Question 14

what does validity mean

Answer 14

is it accurate? it is forensic evidence or just witness statements

Question 15

what does reliability mean

Answer 15

is the evidence consistent? do all the pieces of evidence marry up together

Question 16

what does credibility mean

Answer 16

can it be believed and trusted? who is giving the evidence, are they someone you can trust? for example are you lying, are you the best mate of the suspect

Question 17

what does relevant mean

Answer 17

does the evidence connect to the case?

Question 18

how is the evidential test is used

Answer 18

it is where prosecutors have to decide if there is a realistic chance of conviction of a suspect. it is more likely that an impartial jury or magistrate would find the defendant guilty.

Question 19

What is meant by public interest?

Answer 19

This is if the conviction will benefit the public by protecting them from the offender committing the offence again.

Question 20

what are the six questions the CPS have to consider to decide whether it is in the public interest to prosecute

Answer 20

1) .how serious the offence is
2) . what is the suspects level of culpability
3) .what harm has the victim suffered
4) .suspects age and maturity
5) .what is the impact on offending within the community
6) .is prosecution a proportionate response

Question 21

what is the threshold test

Answer 21

when there is not enough evidence to suggest a court is likely to convict, but there is reasonable suspicion of guilt or substantial risk, if the suspect is not in custody.

Question 22

what does charging under the threshold test allow for the police

Answer 22

allows for a suspect to be charged, held, and further evidence gathered that is not available when the suspect is due to be released from custody.

Question 23

when are the 4 when it might be necessary to charge a suspect using the Threshold Test?

Answer 23

• reasonable grounds that the suspect committed the offence
• reason to believe that further evidence can be obtained that would pass the evidential test
• serious enough crime to justify charging immediately
• public interest and substantial grounds to object bail

Question 24

what are the 2 types of courts

Answer 24

• appellate courts

- courts of the first instance

Question 25

what are the 2 courts of the first instance in the UK

Answer 25

- magistrates | - crown

Question 26

what are the two appellate courts in the UK

Answer 26

- court of appeal | - supreme

Question 27

how many magistrates are there

Answer 27

3

Question 28

what is the magistrates role within a court

Answer 28

The magistrate hears all the evidence within the case and then the prosecuting officer has to prove beyond reasonable doubt that the offender is guilty

Question 29

what offences do magistrates court deal with

Answer 29

it is a summary offence and either way offences.

Question 30

who decides the verdict and who sentences the offender in a magistrate court

Answer 30

The magistrates decide the verdict.. They also sentence the offender

Question 31

what is the role of the legal adviser in magistrate court

Answer 31

they makes sure everything runs smoothly and makes sure that only admissible evidence is presented to the court.

Question 32

what is the role of the usher in a magistrate court

Answer 32

makes sure all witnesses have said their summons, hand round paper to the court.

Question 33

what are the two automatic rights of appeal in a magistrate court

Answer 33

Against your conviction (as long as you plead not guilty) | Against your sentence

Question 34

how many days do you have to appeal from a magistrate court

Answer 34

21

Question 35

if the appeal is accepted from a magistrate court, where will the appeal be held and who will be there

Answer 35

the appeal will be heard in a re-trial in the Crown Court by a judge and two magistrates

Question 36

what three things can the court do in an appeal

Answer 36

- Uphold (confirm) or quash (dismiss) your conviction - Convict you of a lesser or greater charge - Reduce or increase your sentence

Question 37

If you lose an appeal of your conviction or sentence from a case that was initially heard at the Magistrates’ Court and still want to appeal

Answer 37

you must be granted leave (permission) to do so and it has to be on a point of law

Question 38

how many jurors are there

Answer 38

12

Question 39

who is there in a crown court

Answer 39

- judge - jury - prosecution and defence barristers - solicitors - usher - clerk

Question 40

who decided the verdict in a crown court?

Answer 40

jury

Question 41

why does the jury give the verdict in a crown court

Answer 41

due to trial by peers

Question 42

do offenders have the automatic right to appeal in a crown court

Answer 42

no

Question 43

what grounds can you appeal from a crown court

Answer 43

- An error in law by a judge that resulted in a conviction - A belief the conviction was the result of inappropriate behaviour from the jury - A belief that the sentence was unduly harsh - Disclosure errors - The revelation of misconduct during the investigation - There is new or compelling evidence of the defendant’s innocence

Question 44

when can the prosecution appeal from a crown court

Answer 44

- An error in law by a judge resulted in a dismissal - A belief there was acquittal as a result jury tampering - A belief that the sentence was unduly lenient - There is new or compelling evidence of the defendant’s guilt (only applies to very serious cases)

Question 45

where are the appeals heard if the case was heard in the crown court

Answer 45

court of appeal

Question 46

what three things can the court of appeal do

Answer 46

- Order a retrial - Quash a conviction (get rid of the conviction) - Decrease a sentence

Question 47

what is the highest court

Answer 47

supreme court

Question 48

who is in the supreme court

Answer 48

12 lords

Question 49

what cases do the supreme court deal with

Answer 49

cases that are particularly unique (they have not been able to be resolved in lower courts). It is normally where a point of law of significant importance to the general public is at stake eg. high level governmental corruption/misconduct