explain the requirements of the crown prosecution service for prosecuting suspects
unit 3 ac21
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A/AS Level
WJEC
Criminology
Crime Scene to Courtroom
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AC2.1 - Explain the requirements of the Crown Prosecution Service for
prosecuting suspects
What is the CPS:
- The Crown Prosecution Services is a public agency that allows for the conduction of
criminal prosecutions in England and Wales.
Police before CPS:
- Before CPS came about, the police would charge and prosecute suspects even with
minimal or no evidence against the suspect. This led to innocent people possibly
found guilty of crimes and allowing the criminal to walk freely due to the minimal
amount of investigation done.
Act established by CPS and the power it gave them:
- The act established by the CPS was the Prosecution of offences act 1985. This
allowed the CPS to have the responsibility to prosecute people in England and Wales
who the police have charged with a criminal offence, mainly for major crimes.
Role of CPS:
- The CPS is here to provide legal advice to police and other investigative agencies
once they have completed their investigation. The CPS decides on whether the
suspect should be charged or not and what charge that person should face. The CPS
gets most of the more major crimes such as murder, kidnapping, etc and it is very
rare that any more minor offences are passed on to them.
Code used when deciding to prosecute:
- The CPS will read the case file and decide if the Full Code Test should be used to
prosecute. The Full Code Test consists of two tests that a case will have to pass in
order for the suspect/s to be taken to court and prosecuted. The first sub test is the
evidential test. This is all about the evidence available and whether or not there is
enough evidence against the defendant for a realistic prosecution to take place. If
there isn’t enough evidence for a potential successful prosecution, the case may be
closed no matter on the severity of it. However, if there is enough evidence that
could increase the chance of the magistrates and jury to convict the defendant to
over 50%, the next test will be taken into consideration. This is the public interest
stage. This is looking at the public’s interest in a case, the public being the members
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