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A.C.2.1: Explain the requirements of the CPS for the prosecution of…
A.C.2.1
: Explain the requirements of the CPS for the prosecution of suspects
Full Code Test
The Evidential Test
A case that doesn't pass the evidential stage must not proceed, no matter how serious or sensitive it is.
Is the evidence admissible (allowable) in court?
Prosecutors must decide that the evidence would more likely than not be enough for an objective, impartial and reasonable jury, magistrate or judge to find the defendant guilty.
Is the evidence reliable?
Is the evidence credible (believable)?
This test is applied once the police have completed all reasonable lines of inquiry.
The Public Interest Test
3.
What harm has the victim suffered?
4.
The suspect's age and maturity?
2.
What is the suspect's level of culpability (blame or responsibility)?
5.
What is the impact of the offending on the community?
6.
Is prosecution a proportionate response?
1.
How serious is the offence?
7.
Do sources of information require protecting?
Threshold Test
3.
The crime is serious enough to justify charging the suspect immediately.
4.
There must be substantial grounds to object to bail - e.g. a suspect who is likely to interfere with witnesses.
2.
There must be reasonable grounds to believe further evidence can be obtained that will provide a realistic prospect of conviction.
5.
It must be in the public interest to charge the suspect.
1.
There must be reasonable grounds to believe the person has committed the offence.
Any decision to charge under the Threshold Test must be kept under review and the prosecutor should obtain the additional evidence from the police.
In some cases, a suspect may still be charged even if the evidence requirements of the Full Code Test cannot be met. In these cases, the Threshold Test must be applied and all the following conditions must be met...
CPS
The CPS advises the police in their investigations about lines of inquiry and about what evidence might be required to build a case. It independently assesses the evidence submitted by the police, decides whether to prosecute and if so, what charges should be brought. Under the
Criminal Justice Act
(CJA)
2003
, the CPS then issues a written charge accompanied by a notice informing the defendant when they are required to appear in court. It then prepares and presents the prosecution case in court.
The Crown Prosecution Service (CPS) is the main public prosecutor in England and Wales. It was set up in
1986
under the
Prosecution of Offences Act 1985
. The CPS took over the the prosecuting role from the police because there was a risk of bias in allowing them both to investigate and prosecute cases. The police do continue to prosecute some very minor offences, but the CPS prosecutes all serious or complex cases.