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Crown Prosecutors - Coggle Diagram
Crown Prosecutors
Farquharson Guidelines relevant where self-employed barrister working for CPS
Pre-trial preparation - require CPS to deliver instructions in a timely manner and identify key issues
Action on receipt of instructions eg advise on evidence, indictment, case conference, case presentation
Case summary - agree or prepare
Case management plan - discuss and agree
Victims and witnesses - take their interests into account
Appeals
Withdrawal of instructions
Presentation and Conduct
Policy decisions
Change of advice
Prosecution's role in decision-making at trial
Seeking judicial approval
Code for Crown Prosecutors
General guidance to prosecutors on principles to be applied WHEN MAKING DECISIONS ABOUT PROSECUTIONS
Full Code Test i. Evidential stage ii. Public Interest Stage and if not met consider the Threshold Test
Evidential stage = realistic prospect of conviction based on sufficient evidence 1. Can evidence be used in court 2. Is the evidence reliable. 3. Is the evidence credible. 4. Is there any other material that might affect the sufficiency of the evidence?
Public Interest Stage = See 4.14 a) to g) a) how serious is the offence committed b) what is the level of culpability of the suspect c) what are the circumstances of and the harm caused to the victim d) what was the suspect's age and maturity at the time of the offence e) what is the impact on the community f) is the prosecution a proportionate response g) do sources of information require reporting?
The Threshold Test applies where the Full Code Test is not met. Five conditions only apply where necessary.
Out of court disposals
Court venue
Venue for Trial in cases involving children and young people
Link
decision to prosecute
decision NOT to prosecute
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