WJEC Criminology Unit 3 - AC2.1 Explain the
requirements of the Crown Prosecution Service for
prosecuting suspects
Unit 2.1 - (answers)Explain the requirements of the crown prosecution service
(CPS) for prosecuting suspects
1. Who are the CPS? When & Why were they founded? What is their main role.
2. The full code test - evidential stage (Stephen Lawrence)
3. The full code test - Public Interest Stage (Abu Hamza)
4. Describe the threshold test - briefly state how this could have been used for Abu
Hamza when he failed Evidential Stage but Passed Public Interest Stage.
Who and When was the CPS established? - (answers)The Crown Prosecution
Service (CPS) service that is a part of the UK's criminal justice system.
It was established in 1986.
Prosecutes criminal cases that have been investigated by the police
CPS is independent.
What law introduced the CPS ? - (answers)Prosecution of Offences Act (1985)
, Before 1986 the police were in charge
Why was the CPS introduced? - (answers)Risk of bias with police prosecuting
based upon their own investigations
What do the CPS emphasise when describing their role? Why is this so important?
(Consider notions of democracy and justice) - (answers)The CPS emphasise their
role as independent and objective - separate to police and courts and so avoids bias
In other words, Their main role is to make sure that the right person is prosecuted
for the right offence
The Charging Decision / The Full Code test - (answers)When deciding whether or
not to press charges, the CPS apply 'The Full Code Test':
To ensure fairness and consistency in prosecuting the CPS applies two stages of
their 'Full Code Test' to decide whether or not to prosecute:
2 stages of the full code test:
A .The Evidential stage
B. The Public Interest stage
In some cases - a suspect may still be charged even if the evidence does not meet
the requirements of the Full Code Test. This is when the Threshold Test is applied.
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