CPS

Question 1

What is the purpose of the CPS

Answer 1

to decide whether to prosecute a suspect

Question 2

How were prosecutions dealt with before the creation of the CPS?

Answer 2

The police decided

Question 3

What are some of the problems with the police deciding on whether to prosecute cases pre CPS?

Answer 3

Poor legal expertise on whether it was suitable to prosecute (more problems with trials), Risk of bias/ conflict of interest - Police might push cases just to secure convictions or defend their investigation.

Question 4

What are the benefits to the CPS investigating instead of the police?

Answer 4

• CPS are separate from police ( eliminates conflict of interest)
• Legal expertise and clearer procedures

Question 5

What was the first stage in the establishment of the CPS

Answer 5

• Justice Report 1970 - identified the problems with the police making the decision to prosecute

Question 6

what was the second stage in the establishment of the CPS

Answer 6

• Phillips Royal commission recommended the establishment of an independent agency

Question 7

what was the final stage and the law that formally established the CPS

Answer 7

The Prosecution of Offenders Act 1985

Question 8

Who is the cps headed by

Answer 8

The Director of Public Prosecutions

Question 9

who does the DPP answer to

Answer 9

the Attorney General

Question 10

When does the CPS take over a case?

Answer 10

When police have finished collecting evidence and conducting the investigation

Question 11

can you give 5 positives to the main roles of the CPS

Answer 11

1. Advise - Ensures legally correct charges are chosen early, reducing mistakes and increasing conviction rates.
2. Review - Provides an independent check on evidence, preventing weak or unfair cases from reaching court.
3. Decide - Ensures decisions follow the Full Code Test (public interest + evidential test), increasing fairness and consistency nationwide.
4. Prepare - Professional preparation leads to stronger, better-presented cases, reducing collapsed trials and delays
5. Present- Trained CPS advocates improve quality of prosecution, ensuring justice is argued properly.

Question 12

What are the 5 MAIN roles of the cps

Answer 12

1. Advise - the police on the charge that should be brought against the suspect
2. Review- cases
3. Decide - whether to bring a prosecution against a suspect (main role)
4. prepare- cases for court
5. present- cases in court

Question 13

can you give 5 possible negatives to the 5 roles of the CPS

Answer 13

1. Advising - CPS involvement can slow down police investigations while waiting for advice.
2. Reviewing - Sometimes seen as too cautious, dropping cases that victims want pursued.
3. Deciding - Decisions to drop or not pursue cases can reduce public confidence.
4. Preparing - Heavy workloads may cause delays or mistakes in preparing cases.
5. Presenting - Inconsistent advocacy quality, especially when using less-experienced or agency prosecutors.

Question 14

How many parts is the CPS divided into over England and Wales

Answer 14

14

Question 15

who is each area headed by

Answer 15

A chief crown prosecutor

Question 16

what are these areas divided into

Answer 16

branches, usually corresponding to police forces, each lead by a Branch crown prosecutor

Question 17

What is the CPS inspectorate and what is its role

Answer 17

an independent body answerable to the attorney general. Its role is to enhance the quality of justice through independent investigation of the CPS to improve efficiency and effectiveness

Question 18

how was the cps inspectorate created

Answer 18

• through the Glidewell Report 1999
• came to light in Crown Service Inspectorate Act 2000.

Question 19

What are the advantages of the CPS inspectorate

Answer 19

• Independent inspection helps ensure the CPS is performing fairly and professionally.
• Identifies weaknesses in CPS practice so improvements can be made quickly.

Promotes consistency across different CPS areas, leading to fairer outcomes nationwide.

HMCPSI found that after inspecting 14 CPS areas, legal quality had improved, and CPS success rates in magistrates’ courts rose from 84.4% to 84.8%, showing how inspection makes the CPS more effective.”

Question 20

Give 2 main disadvantages of the inspectorate

Answer 20

-Inspections can be slow and resource-heavy, meaning problems may not be identified or fixed quickly enough to improve efficiency.

• Findings are only recommendations, so the CPS may not fully implement them, limiting the Inspectorate’s actual impact on effectiveness.

Question 21

what is applied by the CPS when deciding to prosecute

Answer 21

Full code test
threshold test ( if needed)

Question 22

what are the two parts of the full code test

Answer 22

• The evidential test
• the public interest test

Question 22

when is the full code test applied

Answer 22

• When all reasonable lines of enquiry have been pursued
  -if the lead prosecutor is satisfied no further evidence is likely to affect the decision to prosecute

Question 23

what are some examples of unreliable evidence

Answer 23

• Blurred CCTV
• confession obtained by pressuring
• hearsay
• eyewitness testimony from a child

Question 23

What is the evidential test

Answer 23

The CPS must consider whether there is a real prospect of conviction. - A jury or magistrates are most likely going to find the suspect guilty based on the evidence - the evidence must be sufficient, reliable, and admissible

Question 24

what are some examples of reliable evidence

Answer 24

- DNA - eyewitnesses from the scene of a crime - voluntary confession - clear CCTV

Question 25

What are the benefits of the evidential test

Answer 25

- Prevents weak cases from going to court, improving fairness and efficiency. - Protects defendants from unreliable evidence, ensuring prosecutions are based on solid proof. - Saves court time and resources by filtering out cases that cannot realistically succeed. (main)

Question 26

what is a case example for the evidential test saving time and resources for the courts

Answer 26

R v Galbraith (1981) — confirmed that cases with insufficient evidence should not go before a jury, supporting the CPS’s focus on evidential strength.

Question 27

What is the main negative of the evidential test ( include case)

Answer 27

CPS can become overly cautious, avoiding borderline cases that might still deserve prosecution. The early Stephen Lawrence case (1993) — CPS initially chose not to prosecute due to “insufficient evidence,” showing how the test can delay justice.

Question 28

What is the public interest test

Answer 28

The public interest test asks whether prosecuting a suspect is beneficial for society as a whole

Question 29

what are the questions on the public interest test

Answer 29

- how serious is the offense committed? - what is the level of culpability of the suspect? - What are the circumstances of the crime and the harm caused to the victim? - Age of suspect - really young, really old - what was the impact on the community - Is prosecution a proportionate response? - Do sources on information need protecting?

Question 30

What is the main benefit to the public interest test?

Answer 30

“Cases that meet the Public Interest Test not only deliver justice for victims but also help set precedent and deter similar offending, benefiting wider society.” Cases are pushed if they can benefit wider society even if the claimant drops out of the case: R v Smith — the CPS continued a domestic-violence prosecution even after the victim withdrew, arguing it was in the public interest to protect vulnerable victims and deter repeat offending. This showed how the Public Interest Test helps safeguard the public and uphold justice in serious offences.

Question 31

What is the main disadvantage to the public interest test?

Answer 31

The Public Interest Test can lead the CPS to decline prosecution even when evidence seems sufficient, which may leave victims and the public feeling that justice was denied. Case example: Christopher Kapessa — although the CPS accepted there was enough evidence for a manslaughter charge, they decided not to prosecute because they believed factors (like the age and character of the suspect) weighed against prosecution in the public interest.

Question 32

What is the threshold test?

Answer 32

The threshold test allows the CPS to keep potentially dangerous suspects in custody past 24 hours if they believe it too risky to release the suspect

Question 33

what are the 5 conditions of the threshold test

Answer 33

1. There are reasonable grounds to believe the suspect is guilty 2. Further evidence can be obtained to provide a realistic prospect of conviction 3. the seriousness or circumstances of the case justifies making an immediate charging decision 4. There are substantial grounds to reject bail 5. It is in the public interest to charge all conditions must be satisfied to keep the suspect in custody.

Question 34

Main advantage of the threshold test?

Answer 34

Allows the police to keep society or people closely related to the case safe from the suspect

Question 35

what are some potential criticisms of the CPS

Answer 35

Racism - stephen lawrence case Cracked trials-

Question 36

make a evaluation paragraph on racism in the CPS regarding the Stephen Lawrence case

Answer 36

“The CPS has been criticised for racial bias, particularly in the Stephen Lawrence case (1993), where initial decisions not to prosecute the main suspects led to public outrage and the Macpherson Report branding the system ‘institutionally racist.’ However, some argue that the CPS’s decision was based on insufficient evidence at the time rather than prejudice, and later, in 2012, two of the original suspects—Gary Dobson and David Norris—were convicted of Stephen Lawrence’s murder, demonstrating that the CPS can act effectively when legal standards, such as the Evidential and Public Interest Tests, are met.”

Question 37

Write a evaluation paragraph presenting the amount of cracked trials

Answer 37

“Cracked trials, where cases collapse before or during trial, highlight potential inefficiencies in the criminal justice system. In Q4 2021, 36% of trials were classified as cracked, while 23% were ineffective and 41% effective, showing that over a third of cases fail to reach a full trial. There were also 5,760 vacated trials, a 5% decrease from the previous quarter, returning closer to pre-COVID levels. These figures demonstrate the importance of robust pre-trial checks, such as the Evidential and Public Interest Tests, to reduce wasted resources and improve overall court efficiency.”