Intro
The CPS is an independent body responsible for prosecuting X in the name of the crown. It was formed because of miscarriages of justice (by the police) such as the Birmingham 6 by the Prosecution of offences act after being recommended by the Philips commission. It works along side the police but is completely independent
Who runs the CPS and how many areas is it divided into
DPP:Alison Saunders
13 areas with COS direct being the virtual 14th
What is its role
Review Advise Prepare Present Decide
How do the CPS decide whether to prosecute
- Using the Full code test in the code for crown prosecutors issued by the DPP under s.10 Prosecution of offences act
- And as per Lord Shawcross there is no automatic prosecution policy supported by Para 4.8
The full code test is made up of 2 tests what are they?
- Evidential test
- Public interest test
- They must be applied in this order because if there is no grounds to pass the evidential test then it doesn’t matter if it’s in the public interest to
- Only if both are passed can a prosecution be brought
What are the criteria for carrying out the FCT in the correct manner
- It should be carried out with the utmost care to ensure they are charging the right person for the right offence
- As per para 6 of the code the charge should reflect the severity of the crime and give the court adequate powers to sentence
- Prosecutors should be fair independent and objective alining with the ECHR Art 5 and 6 and s.6 HRA as the CPS is a public authority
Explain the evidential test
- Decides if there is a real prospect of conviction i.e. Would the court be more likely than not to convict
- Evidence must be sufficient reliable and admissible to be beyond reasonable doubt
- Admissible: is assessed if the evidence will be inadmissible due to the way it was obtained e.g. Breach of s.76 (2)(a) involving oppression R v Paris 13hours/300 of same Q or s.76 (2) (b) involving unreliability R v Mason police lied about finger prints
- Other issues can affect reliability such as is it Hersay is it blurry CCTV or good quality is it DNA evidence mobile phone data are there doubts on reliability of confession etc etc
Explain the public interest test
It will usually be in the public interest to prosecute unless the prosecutor is satisfied it’s in the public interest not to (e.g. Dan James parents) or because of the application of a defence e.g. Cecil coley/ self defence or by offering an out of court disposal. This test is much more controversial the for and against factors are not exhaustive and it’s not a simple mathematical exercise
How is the Public interest test carried out
- Para 4.2 factors to be considered (a) how serious is the offence (b) culpability of the suspect (c) circumstances of crime and harm to V (d) age of suspect (f) is prosecuting a proportional response (g) any sensitive information to be protected?
- Prosecutors may also take into account the wishes of the victims and or family but the CPS doesn’t work for them
Examples of factors in favour and against prosecution
- Examples of factors in favour of prosecution: offence is likely to result in a significant sentence, committed by a group, committed against someone serving the public or a vulnerable person the accuseds previous record etc
- Example of factors against prosecution: sentence is likely to be small, prosecution would have a bad effect on the victim, offence is the result of a genuine mistake, accused has made reparations etc etc
What is the threshold test
- Paragraph 5 of CfCP due to statutory limits restricting the custody clock the threshold test exists to allow the charging decision to be made as the suspect must be released (custody clock runs out) even though there isn’t enough to fully pass the evidential test
- Suspect must present bail risk to justify apply this decision early and the officers should reasonably believe that the necessary additional evidence ‘the smoking gun’ will come to light in a reasonable timeframe. This must also be regularly reviewed so the FCT can be applied as soon as practical
