CPS 3.1

Question 1

What is the CPS?

Answer 1

• main public prosecutor in England and wales

Question 2

How did the CPS come about?

Answer 2

Set up in 1968 under prosecution of offenders act 1985, took over prosecution from the police as they had too much power

Question 3

What does the CPS do?

Answer 3

• advice police in their investigation about the lines of inquiry and evidence needed to build a case
• assess evidence from the police
• decide whether to prosecute, prepare cases and present court
• assists, inform and support victims and prosecution victims

Question 4

What are the CPS aims?

Answer 4

• idependance and fairness
• honesty and openness
• treating everyone with respect
• behaving professionally and striving for excellence
• equality and inclusion

Question 5

How is the CPS funded?

Answer 5

• government £500million per year
• recover some cost when court awards the cost against defendants and recover assests from criminals
• 2018 25% budget cut, lost 1/3 of staff
• 2025/26 £1.1billion and ‘backup’ - £49million

Question 6

What is the evidential test?

Answer 6

Prosecutors must be satisfied that there is enough evidence for a realistic prosecution

Question 7

What is the public interest test?

Answer 7

Is the prosecution in the publics interest

Question 8

What is the threshold test?

Answer 8

Not enough evidence, suspect may still be charged on reasonable grounds that the suspect is believed to be guilty, evidence can be obtained later, the offence is serious enough to justify immediate charging, too risky to allow for bail

Question 9

What is seen as a weak case?

Answer 9

A case with insufficient evidence to prove guilt beyond reasonable doubt, making a conviction is unlikely

Question 10

How are rape victims denied justice?

Answer 10

Evidence is deemed as too difficult to retrieve/prove so they drop the case early one

Question 11

What are the positives of the CPS?

Answer 11

• independent from the police
• working in partnership with police, courts and victims
• prosecution tests are largely reasonable
• 84.1% defendants are prosecuted

Question 12

What are the negatives of the CPS?

Answer 12

• only charged cases with a realistic prospect of conviction
• trial outcome and second guessing juries
• problems with evidence, technology disclosure (Liam allen)
• failure to build a case (damilola taylor)
• too close to the police
• not always supporting victims