AC2.1 full marks that I used in my controlled assessment and I received an A*. This writeup was marked by my 2 criminology teachers who are also Criminology Examiners.
Explain the requirements of the CPS for Prosecuting Suspects
Role of the CPS
The Crown Prosecution Service (CPS) was created by the Prosecution of Offences Act 1985 and was
fully up and running by 1986. The CPS prosecutes criminal cases that have been investigated by the
police and other investigative organisations in England and Wales. The CPS’s responsibility is to
ensure that the appropriate party is prosecuted for the appropriate offence and whenever possible,
to bring offenders to justice.
It was set up to end the police being the body to decide about prosecutions. This is because to avoid
conflicts of interest. The police may have biases or interests in pursuing certain people or groups or
may have a reputation to uphold. The CPS was set up to be an objective, unbiased organisation,
independent of the police to make these decisions.
Statutory Charging
Statutory Charging was introduced in response to recommendations made by Lord Justice Auld in his
“Review of the Criminal Courts in England and Wales” published in October 2001. It was then
recognised under the Criminal Justice Act 2003. Auld also recommended that the CPS should weed
out non-viable cases at an early stage and ensure that the remaining cases are trial-ready at the
point of charge. In 2003, further changes saw that the power of charging for all offences (other than
the most minor), transferred from the police to the CPS. The Police must pass all information and
evidence they have collected about a crime to the CPS. Sometimes the CPS let the police know what
sorts of evidence to collect or look for. They also decide what charges should be brought against a
person.
The police have the responsibility for deciding the charge in most criminal cases (approximately 72%)
but the CPS are responsible for determining the charge in more serious and complex cases.
Full Code Test
The Full Code Test, or “Two Stage Test” as it is sometimes known as, helps produce fairness and
consistency in prosecutions. The CPS use this ‘test’ to decide whether or not to prosecute. It is
comprised of two parts, the Evidential Test and the Public Interest Test.
Evidential Test
The evidential test examines whether there is sufficient proof to create a "realistic possibility of
conviction." The CPS must take into account the potential defence case and how it might impact the
prosecution case. A realistic likelihood of conviction is an objective test, which implies that the
defendant will most likely be found guilty if a jury, bench of magistrates, or judge hears the case
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