635912
Description
Mind Map by alex.phillips13, updated more than 1 year ago
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Created by alex.phillips13
about 11 years ago
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Crown Prosecution Service
- History
- Prior to the CPS the police had a dual
role; they were both the investigators of
crime and the prosecutors. However, this
arrangement was criticised as police were
accused of tampering with evidence and
acting in self-interest.
- The pressure group 'Justice' had
investigated into alleged police corruption in
1970. Its subsequent report confirmed that
they had found proof of partiality against
defendants and tampering of evidence.
- The pressure group 'Justice' had
investigated into alleged police corruption in
1970. Its subsequent report confirmed that
they had found proof of partiality against
defendants and tampering of evidence.
- An example of police
injustice was observed
in the case of the
Birmingham 6. The
men accused of the
Birmingham Pub
Bombings in 1974 had
confessed under
duress, as they were
brutally forced to
admit guilt.
- In 1978, the Royal Commission on Criminal Procedure
(The Philips Commission) had investigated into the
alleged abuse of powers on the part of the police. The
findings of the Commission were published in 1981, and
they recommended that an independent body should
be established with the task of managing prosecutions.
- The Commission's report also lead to the
enactment of the Police and Criminal
Evidence Act 1984. The PACE Act aimed to
maintain an equilibrium between police
authority and the rights of the general public.
- The Commission's report also lead to the
enactment of the Police and Criminal
Evidence Act 1984. The PACE Act aimed to
maintain an equilibrium between police
authority and the rights of the general public.
- The Prosecution of Offences Act 1985 was passed, and it
established the CPS.
- Prior to the CPS the police had a dual
role; they were both the investigators of
crime and the prosecutors. However, this
arrangement was criticised as police were
accused of tampering with evidence and
acting in self-interest.
- What is the CPS?
- The Crown Prosecution Service is a
non-ministerial government department that is
responsible for public prosecutions of criminal
offences on behalf of the Crown.
- Its key tasks include:
- Deciding what offences are suitable to bring
forward to court. This was previously the job of the
police, however inappropriate charges were often
brought forward.
- Assessing the adequacy of the evidence against the
defendant.
- Assessing if a prosecution is really in the public interest.
- Conducting prosecutions in the Magistrates' Courts
through Associate/Crown Prosecutors.
- Conducting prosecutions in the Crown Courts either
by instructing an independent qualified lawyer, or a
Crown Prosecutor.
- Deciding what offences are suitable to bring
forward to court. This was previously the job of the
police, however inappropriate charges were often
brought forward.
- The Crown Prosecution Service is a
non-ministerial government department that is
responsible for public prosecutions of criminal
offences on behalf of the Crown.
- The Two-Part Test
- The Evidential Test
- The Evidential Test requires that the
prosecutors are satisfied with the quality
of evidence. The following may be considered:
- - Is the evidence
admissible in court?
- Is there a sufficient
amount of evidence
to support the
charge?
- Will the
evidence
resist scrutiny
from the court
and defence?
-Is the
evidence
credible?
- - Is the evidence
admissible in court?
- Is there a sufficient
amount of evidence
to support the
charge?
- The Evidential Test requires that the
prosecutors are satisfied with the quality
of evidence. The following may be considered:
- The Public Interest Test
- The Public Interest Test involves the CPS
deciding if prosecution would be in the interests
of the public. The following may be considered:
- - How
serious is
the offence?
- What is the
level of
culpability of
the suspect?
- - What impact did the
crime have on society
or the community?
-Would prosecution a
proportionate
response?
- - How
serious is
the offence?
- What is the
level of
culpability of
the suspect?
- The Public Interest Test involves the CPS
deciding if prosecution would be in the interests
of the public. The following may be considered:
- The Threshold Test
- A third test can be applied to
charges, however it not often
acknowledged. The
Threshold Test only applies
to defendants who are not
eligible for bail (in accordance
with the Bail Act 1976)
because the pose a potential
risk to the public.
- The Threshold Test
determines if a charge
against a suspect is
adequate for prosecution
regardless of insufficient
amount of evidence.
However the suspect must
pose a substantial risk to
the public if granted bail,
and prosecution must be in
the public interest.
- The Threshold Test
determines if a charge
against a suspect is
adequate for prosecution
regardless of insufficient
amount of evidence.
However the suspect must
pose a substantial risk to
the public if granted bail,
and prosecution must be in
the public interest.
- A third test can be applied to
charges, however it not often
acknowledged. The
Threshold Test only applies
to defendants who are not
eligible for bail (in accordance
with the Bail Act 1976)
because the pose a potential
risk to the public.
- The Evidential Test
- CPS Reforms
- Narey Report 1997
- Glidewell Report 1999
- Auld Review 2001
- Narey Report 1997
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