This is a summary note of Ac2.1,Explain the requirements of the Crown Prosecution service (CPS) for prosecuting suspects. These notes helped me receive an A* overall; friends and family who borrowed these notes have received high grades. It is quickly allied with titles and detailed explanations th...
Explain the requirements of the Crown Prosecution service (CPS) for prosecuting suspects
What is the CPS?
- The Crown Prosecution Service was established in 1986 by the Prosecution of Offences Act
1985.
- They are an independent organisation that works closely with the police. It was felt at the
time a more independent organisation was needed to prosecute suspects.
- Before this change in the law, the police both investigated and prosecuted crimes which
could have led to a bias affecting the investigation.
- The criminal justice act (CJA) in 2003 reviews them and keeps them up to standards
- The CJA 2003 was introduced to modernise some of the area of policing and court processes.
Particularly in England and Scotland
CPS Responsibilities
- They advise the police in the early stages of an investigation (if the evidence is not tangible
then they will advise the police to find more evidence)
- They decide which cases to prosecute (They will only trial cases which are likely to win
prosecution)
- They determine the appropriate charge (the CPS decide what their charge will be)
- Prepare cases for court (collecting evidence for the prosecution)
- Present cases to court (goes to court to assist with cases)
Full code test
- The CPS uses a two-stage test (evidential and public interest test)
- it is put in place to help the CPS decide whether the should prosecute a suspect
Evidential Test
- Tests whether there is enough evidence for a realistic probability of conviction
- This means there is enough evidence for an impartial jury, magistrate or judge to find a
defendant guilty
- If it does not pass the test, the case will not proceed to court
They consider the following points:
- Is the evidence inadmissible in court?
- Is the evidence reliable? - are there any reasons to question the reliability or accuracy of the
evidence
- Is the evidence credible? - evidence that where the available facts, considering the
circumstances of the case, would cause a reasonable person to believe it is true. This refers
to jurors, magistrates, and judges
- They must consider what the defence case may be
- Integrity of the witness
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