Crown Prosecution Service Requirements for Prosecution
The Crown Prosecution Service (CPS) plays a crucial role in the criminal justice system of England and Wales. Established in 1986 through the Prosecution of Offences Act 1985, the CPS took over prosecution duties from the police to ensure unbiased handling of cases. While the police still handle minor offenses, the CPS is responsible for more complex and serious cases.
CPS Role and Responsibilities
The CPS has several key responsibilities in the prosecution process:
- Advising police during investigations, guiding them on necessary evidence and lines of inquiry.
- Independently assessing evidence to determine whether to prosecute and what charges to bring.
- Issuing written charges and court attendance notices to defendants, as per the Criminal Justice Act 2003.
- Preparing and presenting prosecution cases in court.
The Full Code Test
The Full Code Test is the primary decision-making tool used by the CPS to determine whether a case should be prosecuted. This test is applied after the police have exhausted all reasonable lines of inquiry and consists of two stages:
1. The Evidential Test
Prosecutors must ensure there is sufficient evidence for a realistic prospect of conviction. This involves considering:
- Admissibility of evidence in court
- Reliability of evidence
- Credibility of evidence
Highlight: If a case fails the evidential test, it cannot proceed regardless of the crime's severity.
2. The Public Interest Test
If a case passes the evidential test, prosecutors then consider whether prosecution is in the public interest. Factors considered include:
- Crime severity
- Suspect's level of responsibility
- Harm suffered by the victim
- Suspect's age and maturity
- Impact on the community
- Proportionality of prosecution
- Protection of information sources
Example: A complex trial might only prosecute ringleaders to save time and resources.
The Threshold Test
The Threshold Test allows for charging suspects in cases that don't yet meet the Full Code Test criteria. This test has five conditions:
- Reasonable grounds to believe the suspect committed the offense
- Likelihood of gathering more evidence to support a realistic prospect of conviction
- Seriousness of the crime justifying immediate prosecution
- Substantial grounds for refusing bail
- Public interest in immediate prosecution
Highlight: Decisions made under the Threshold Test must be regularly reviewed as new evidence becomes available.
The CPS's rigorous decision-making process ensures that prosecutions are fair, effective, and in the public interest, maintaining the integrity of the criminal justice system in England and Wales.
