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CPS (Roles of the CPS (CPS advises Police on charging offenders - whether…
CPS
Roles of the CPS
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Since CJA 2003, CPS makes decision whether to charge in serious cases - known as statutory charging. In such cases Police must refer case to CPS.
Makes decision to prosecute using the tests in the Code for Prosecutors (the evidential and public interest tests)
CPS prepares cases for trial and conducts prosecutions in Court. Overall conviction rate is 83%. Also plays role in education - guidance and info online.
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Evaluation
Strengths of the CPS
Consistency - Criticisms from when Police headed prosecutions was fact that different forces applied different standards. All CPS comply to Code for Crown Prosecutors which ensures consistency.
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Independence - Creation of CPS ensured an independent, impartial body at the head of prosecution. Though close relationship with Police, they remain objective as proven by decision not to prosecute Vincent Cooke (Householder killed in self defence).
Criticisms of the CPS
Conviction rates Critics argue conviction rates are too low. When prosecutions reach trial, only 55% of them successful in crown court.
Budget cuts Continuing funding cuts has affected the effectiveness of the CPS, 15% cut in staff since 2011.
Use of non-legally qualified staff non legally qualified CPS prosecutors can prosecute minor offences in the Magistrates court. Critics argue they lack legal expertise.
Established in 1986 by Prosecution of Offences Act 1985 after reports criticising the role of Police
CPS headed by Director of Public Prosecutions, currently Alison Saunders - accountable to Attorney General. CPS aims to be fair, independent and objective.