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CPS, PROBLEMS AND REFORMS (FULL CODE TEST) - Coggle Diagram
CPS
- Advises the police on cases for possible prosecution
- Reviews cases submitted by the police for public prosecution
- Prepares cases for courts
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- Makes the decision to charge in all but minor cases AND decide what charge should be brought
- DECIDING WHEN TO PROSECUTE
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Evidential Test
Strength of evidence
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When deciding, the Crown Prosecutor should address 2 main issues:
- Can the evidence be used in court?
- Is it Reliable evidence?
Previous convictions can be strong evidence against the accused, but a judge may not allow the evidence to be used if it would prejudice a jury
Examples of evidence
Unreliable
Damilola Taylor- unreliable witnesses and inadmissible evidence made the case the question of an investigation
Blurred CCTV, confession obtained by oppression, hearsay
Reliable
DNA, voluntary confession and eyewitness from the scene of the crime
Plea Bargaining
Where the CPS do proceed with a charge there will sometimes be an attempt to obtain a guilty plea through this, whereby the accused pleas guilty to a lesser offence in return for the inducement of a lighter sentence.
Public Interest Test
Revised Code
There are 7 factors that must be reviewed. This test includes the proportionality test which asks Crown Prosecutors to weigh up the costs of a prosecution against the other public interest factors
- How serious is the offence?
- What is the harm to the V?
The circumstances of the V, the vulnerability, if the offence was motivated by a form of discrimination
- What is the level of culpability of the offender?
It is likely to be determined by the suspect's level of involvement, they will also consider the suspect's age, and if they're physically or mentally ill
Prosecutors will also need to consider how serious the offence was, whether it's likely to be repeated and the need to safeguard the public
They decide whether to charge the suspect and, with the police, agree what the appropriate charge will be
They are made up of Crown Prosecutors who must have a general advocacy qualification under the Courts and Legal Services Act 1990
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- THE PROSECUTIONS OF OFFENCES ACT 1985
Another criticism of the old system was made by the Royal Commission on Criminal Procedure 1981 which recommended that it was undesirable for the police to be responsible for both investigating and prosecuting crime
To remedy these problems The Prosecution of Offences Act 1985 created the Crown Prosecution Service (CPS)
There are times where the CPS decide the Full Code Test has failed and that there isn't enough evidence to charge
The suspect will be charged if there is a reasonable suspicion that the person arrested has committed the offence in question and there is a realistic prospect of conviction
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