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Crown Prosecution Service - Coggle Diagram
Crown Prosecution Service
The CPS is a Government Department which prosecutes people in England and Wales who have been arrested by the police with a criminal offence. It is independent of the police but works closely with them at all times.
The CPS was established by the Prosecution of Offences Act 1985.
Prior to the establishment of the CPS by way of the Prosecution of Offences Act 1985 all criminal prosecutions were brought by private citizens rather than the state.
In practice it was the arresting officer who brought the prosecutions.
After the findings of the Royal Commission on Criminal Procedure (1981) it was agreed that the police should continue to make the first decision over whether or not to prosecute, but then the file should be passed to an independent and expert body
Criticised by the Willink Commission in 1962 and the Justice Report (1970) who argued that an independent body was the best way to safeguard fairness
Organisation of the CPS
The head of the CPS is the Director of Public Prosecutions, who must have been qualified as a lawyer for at least 10 years. The current DPP is Max Hill QC
The DPP is appointed by, and is subject to supervision by, the Attorney-General who is currently Suella Braverman.
There is a 15th ‘virtual’ area called CPS Direct. It provides charging decisions to all police forces and other investigations across England and Wales
To further organise areas of the criminal law there are three Central Casework Divisions which handle the most complex prosecutions
The DPP sets out Casework Quality Standards which set out the benchmarks of quality that the CPS strive to deliver in prosecuting crime for the public.
The 2019-20 HMCPSI Report found that the 14 areas were consistent with these Casework Quality Standards
Only 1 area was ‘good’, with 12 out of the 14 areas were marked as ‘fair’, and 1 area was ‘poor’
Below the DPP are Chief Crown Prosecutors who each head one of the 14 areas into which the country is divided. Each area is then sub-divided into branches, each of which is headed by a Senior District Crown Prosecutor. Within the branches are several lawyers and support staff
Roles of the CPS
The main role of the CPS is the prosecution of alleged criminal offenders in England and Wales. The CPS have three main functions
Decision to prosecute
The CPS is responsible for deciding whether or not to prosecute the suspect.
They apply the Full Code Test, as contained in the Code for Crown Prosecutors under s.10 Prosecution of Offences Act 1985. The purpose of the Code is to promote efficient decision-making in order to develop the CPS.
The Code for Crown Prosecutors outlines two tests
Evidential test
The Crown Prosecutor will look at the evidence as to whether it can be used in court and how reliable the evidence is.
There must be sufficient evidence to provide a realistic prospect of conviction.
Public interest test
If a prosecutor thinks that there is enough evidence to start or continue a prosecution, they will then consider whether a prosecution is needed ‘in the public interest’.
Paragraph 4.12 of the Code for Crown Prosecutors sets out questions which will identify and determine the relevant public interest factors for and against prosecution.
The Threshold Test
When the CPS decides that the Full Code Test has failed, and there is not enough evidence to charge, but there is still the belief that the suspect is too much of a risk to be released.
The main purpose of the review is to ensure that only fit and proper cases are brought before the courts. If there is not enough evidence and the police state that there is no more evidence the case will be stopped, under Section 23 of the Prosecution of Offences Act 1985.
Phillips Commission (1978) criticised that different police forces used different standards to decide whether to prosecute, and that too many weak cases were allowed to come to court
The conviction rate varies across the country with some areas having as low as 76%. The national average is 82%.
Prosecution
To present cases in court for prosecution; this is usually done by lawyers working in the CPS as Crown Prosecutors
The conviction rate varies across the country with some areas having as low as 76%; the national average is 82%.
The Narey Review (1997) criticised the CPS due to its lack of preparation and delays in bringing cases to court
Charge
Crown Prosecutors are responsible for deciding whether a person should be charged with a criminal offence and if so, what that offence should be
The power transferred power from the Police to the CPS in the Criminal Justice Act 2003
Problems
Tension with the police
Runciman Commission (1993)
Reported some tension between the police and the CPS
Glidewell (1998)
Noted that there was a tense working relationship between the police and the CPS, with a hostile blame culture leading to inefficiency and poor preparation
HM Inspectorate Report (2020)
Highlighted there the CPS and Police are involved in a blame game
Criminal Justice Units have been set up so that the police and the CPS can work more closely together
Discontinuation of cases
The Narey Review
In 1997, criticised the CPS due to its lack of preparation and delays in bringing the cases to court
The Glidewell Report (1998)
Reported that 12% of cases were being discontinued by the CPS where the police had charged a defendant, as well as some charges being downgraded in an alarming number of cases
Private Prosecutions
They can be brought under s.6 Prosecution of Offences Act 1985 and can play an important role, particularly in highlighting or encouraging public concern over relevant issues.
The standard of proof of a civil case (on balance of probabilities) is much lower than a criminal case (beyond reasonable doubt)