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Unit 3, AC 2.1
10/29/2022
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AC 2.1: Explain the requirements of the Crown Prosecution Service for the prosecution of suspects. The CPS is the main prosecutor in England and Wales. Set up in 1986 to take over the police so there is no bias- Prosecution of Offenses Act 1985. Police prosecute minor cases, CPS deal with complex/serious ones. Role: They advise police in investigations- what evidence they need to build a case, what lines of inquiry to make. They independently assess the evidence and decide whether to prosecute and what the charges should be. Criminal Justice Act 2003- CPS issues a written charge with a notice telling the defendant when they have to go to court. Then they prepare and present the prosecution in court. The Full Code Test: ● Cases have to pass this test to be prosecuted. The test is applied after the police have done all reasonable lines of inquiry. This test is made up of the evidential test and the public interest test. The Evidential Test Prosecutors need enough evidence collected for a realistic prospect of the suspect being convicted. The evidence has to be strong- so an impartial/objective/reasonable jury, magistrate or court will find them guilty. If a case doesn't pass this test, it can't go ahead- no matter how serious the crime is. Is the evidence admissible in court? (e.g.-...
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Alternative transcript:
hearsay evidence will be ruled out) Is the evidence reliable? (no questions of accuracy/integrity, are witnesses honest and have good character?) Is the evidence credible/believable? (jury/judge/magistrates have to believe it to be true) Evidence that isn't admissible/reliable/credible means the prosecution can't go ahead. ● The Public Interest Test Prosecutors have to decide if the case being prosecuted is in the public's interest. How serious is the crime?- more serious ones have a higher chance of being prosecuted Suspect's amount of responsibility/blame?- higher this is, prosecution is more likely. (level of involvement, planning, if they benefitted, previous convictions, etc) Exploited suspects have less blame. Harm victim's suffered?- vulnerable victims make prosecution more likely. Was the suspect trusted/authority figure? Did they exploit/target victim? Suspect's age/maturity?- younger suspects are less likely to be prosecuted. Impact offending has on community?- greater the impact, the higher chances the case is prosecuted. Community can mean factors like race, sexuality, gender, etc. Is prosecution a proportionate response?- is the cost of prosecuting worth it, how likely is the penalty? (Complex trials may only prosecute ringleaders to save time) Do sources of info need protecting?- if details made public can harm sources of info/other investigations, prosecution isn't the best choice. The Threshold Test: Means suspects in cases can still be charged without meeting the Full Code Test. 5 Threshold test conditions: 1. Reasonable grounds to believe suspect committed the crime. 2. Reasonable grounds that more evidence can be collected and make conviction realistic. 3. Crime is serious enough to prosecute immediately. 4. Substantial grounds to reject bail (like a suspect who's likely to intimidate witnesses). 5. It's in public interest to prosecute. Decisions to charge under this test have to kept under review, and prosecutor should get new evidence from police. Once they have this, The Full Code Test must be applied.