Summary
Summary Criminology Unit 3 ac 2.1 - explain the requirements of the crown prosecution service (CPS) for prosecuting suspects
- Module
- Criminology
- Institution
- AQA
this explains the requirements of the cps for prosecuting suspects
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Unit 3 ac 2.1 - explain the requirements of the crown prosecution service (CPS) for prosecutingsuspects
The crime prosecution service established in 1985, under the prosecution of offences act states
the CPS is to prosecute all criminal cases that have been investigated by the police and other
investigative organisations in England and Wales. Prior to this the police worked alongside the
CPS, however this was problematic due to a series of failings in many cases, such as the
Damilola Taylor case. In 1968 the CPS was established as an independent organisation that
took over from the police to investigate and prosecute. The criminal justice act 2003 was a
major act of parliament which laid out key rules, instructions and processes regarding criminal
justice, such as bails, arrests, cautions, appeals and charging. This charging role granted higher
power of prosecution to the CPS allowing them to charge all but minor cases.
Full code test - The full code test is the test that must be satisfied in order for a prosecutor to
make the decision to charge a suspect and bring a prosecution. The first stage of the test
requires prosecutors to assess if there is sufficient evidence to provide a realistic prospect of
conviction against each suspect on charge, this is known as the evidential stage. A failure of
police officers not examining the evidence sufficiently can lead to no convictions or a prolonged
conviction, for example in the Damilola Taylor case. The blood on the 10 year olds trainer was
missed and because of this it took six years and three trials to identify and convict his killers.
When deciding if there is enough evidence to charge the Crown Prosecutors must consider
whether evidence can be used in court and is admissible, reliable and credible, and that there is
no other material that might affect the sufficiency of the evidence. In the Colin Stagg case, the
‘Lizzie’ evidence was held by the judge to be inadmissible. Prosecutors must consider what the
defence case may be and how it is likely to affect prospects of conviction. An objective test is
usually done whereby a jury or a bench of lay magistrates will hear the case, if it is more likely
than not to find the defendant guilty than the evidential test is made out. A case which does not
pass the evidential stage must not proceed no matter how serious or sensitive it may be. In the
Gareth Hughes case the CPS failed to use the full code test, he was arrested because he
matched the offender profile that was made and had previous convictions against women. As
there was no forensic evidence linking him to the crime, he was released on bail. Abu Hamza
was arrested because of allegations believing that he conspired to take hostages, although he
was eventually found guilty, there was no physical evidence provided when he was first
convicted. However, if the evidential stage is passed, it moves on to the public interest stage.
In every case where there is sufficient evidence to justify a prosecution or to offer an out of court
disposal, prosecutors must go on to consider whether a prosecution is required in the public
interest. When deciding the public's interest, prosecutors should consider a range of factors
including the seriousness of the offence, the more serious the offence the more likely it is that a
prosecution is required. The level of culpability of the suspect, the greater the suspect's level of
culpability, the more likely it is that a prosecution is required. The circumstances of the crime
and if any harm was caused to the victim, the more vulnerable the victim's situation, or the
greater the perceived vulnerability of the victim, the more likely it is that a prosecution is
required. What was the suspect's age and maturity at the time of the offence as the criminal
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