AC 2.1- Explain the requirements of the Crown Prosecution
Service (CPS) for prosecuting suspects. [4 marks]
The CPS prosecutes criminal cases that have been investigated by the police
and other investigative organisations in England and Wales. It was first created
in 1986 under the Prosecution of Offences act 1985. The CPS is independent to
the police and government and makes decisions on its own. Their duty lies
within prosecuting people for the right offence , and to bring offenders justice
wherever possible. The CPS: decides which cases ought to be brought to
justice; decides whether charges, if any, should be brought in more serious or
complex situations, and counsels the police throughout the initial phases of an
investigation; prepares cases and presents them at court; and provides
information, assistance and support to victims and prosecution witnesses. By
letting the police investigate and prosecute cases, there had been far too much
conflict in the past. Before the CPS, the courts heard too many weak cases. The
CPS’s job is to advice the police on how they should conduct their inquiries and
what evidence is required to prove a case. The importance and having the CPS
and the police separate is so there are no biases within the investigation.
However the CPS is not always right in their convictions, this is evident in the
case of Abu Hamza. Hewas an imam of Finsbury Park Mosque in London,
where he preached Islamic fundamentalist views. In 2004, hamza was arrested
by British police after the US requested he be extradited to face charges. The
CPS declined in 20014 to prosecute on the basis that there was insufficient
evidence in the UK for a successful prosecution. He was later charged by British
authorities with sixteen offences for initiation violence and racial hatred. In
2006, British court found his guilty of inciting violence, and was sentenced to
seven years imprisonment. In 2012, he was extradited from the UK to the US
to face terrorism charges. He was found guilty of 11 terrorism charges by a jury
in Manhattan, he was then sentenced to life in prison without the possibility of
parole. Conscripts sent to the CPS were ignored despite the fact that they
contained evidence of his admission to the alleged offences. Despite this, it
took 7 years before he was arrested because the CPS deemed the evidence to
be insufficient.
For the CPS to prosecute they must be satisfied that there is sufficient evidence
to provide a realistic prospect of conviction and that prosecuting is in the
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