These are summary notes on the whole of AC2.1, they include detailed information on: The CPS, the evidential test, the public interest test & the threshold test, as well as relevant case studies & legislation. I took these notes into my Criminology Unit 3 controlled assessment (December 2022) and a...
AC 2.1 Explain the requirements of the Crown Prosecution Service (CPS) for prosecuting suspects [4 Marks]
Define CPS, what they do and why they were set up. Explain the full code test.
The CPS stands for ‘The Crown Prosecution Service’ they decide whether to prosecute cases on behalf of the
state (except very minor cases). They also:
§ Advise the police early in the investigation – To make sure the police are behaving fairly and
without corruption.
§ Decide which cases to prosecute – Budget cuts mean not all cases can be taken to trial (the CPS lost
¼ of their funding), so the CPS has to prioritise more serious cases.
§ Determine the appropriate charge – More expert knowledge than the police.
§ Prepare a case for court – Make sure the evidence is reliable and prepare their argument for court.
§ Present a case in court – Have expertise in court and trial procedures.
Why were they set up?
The CPS was established under the ‘prosecution of offences act 1985’. This act was put in place to remove
any police bias that was occurring, as prior to the CPS a police officer would investigate and prosecute
crimes, which led to police bias. The CPS was set up as an independent organisation, which decreases the
chance of police bias.
Full code test – For the CPS to prosecute a case it HAS to pass the full code test, which consists of 2
stages (The evidential test and The public interest test). The CPS use the full code test to ensure the case
is fair and consistent, they have to choose relevant cases to take to court (Recently less rape cases have been
tried in court).
The evidential test. What is considered (3 Qs)? The links to cases/brief.
The evidential test considers if there is enough evidence on a case to gain a conviction in court. They decide
if the evidence is likely to convince either a jury, magistrate or judge that the defendant is guilty (if a case
doesn’t pass the evidential test then it can't go onto the public interest test).
The CPS asks 3 questions when looking at evidence
Is the evidence admissible in court? - The evidence must be credible and relevant to the case; it should be
checked for reliability (if not reliable it can lead to a miscarriage of justice)
Is the evidence reliable? - The CPS will validate that the evidence is accurate and integral.
Is the evidence credible? - The evidence MUST come from a reliable source; the CPS will examine if the
evidence is credible.
Case study – Joan Francisco
Francisco was murdered in 1994 by her ex-boyfriend, however the CPS decided not to prosecute due to a
‘lack of evidence’. After 4 years the evidence was reviewed (after Francisco’s family won a civil case against
her ex-boyfriend) it was found evidence that tied her ex-boyfriend to the murder had been missed, so he was
finally prosecuted.
The public interest test. What is considered (Qs)? The links to cases/brief.
After reviewing the evidence, the CPS then decides if it is in the public interest to prosecute.
There are many questions they consider, but they are a guidance, as they are not applicable to every case:
How serious is the offence committed? - If the offence is considered serious (asses the culpability and harm
caused) then a prosecution is necessary.
What is the level of culpability of the suspect? - Determined by:
▫ Level of involvement
▫ Was it premeditated?
▫ How much the suspect benefit from committing the crime
What are the circumstances of and harm caused to the victim? - The more vulnerable a suspect the more
likely the CPS are to prosecute.
What was the suspects age and maturity at the time of the offence?
What is the impact on the community?
Is prosecution a proportionate response?
Do sources of information require protecting?
Case study – Belly Mujinga
Mujinga died of COVID-19 after she was supposedly spat on whilst working at a railway station. The CPS
chose not to prosecute the case, as there was not enough evidence and no threat to the public (There was 2
million signatures on a petition to find out what happened to Mujinga)
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