the role of the CPS (3.1)

Aims and objectives

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What is the CPS and when was it set up

The Crown Prosecutor Service is the main public prosecutor in England and Wales. It was set up in 1986 under the Prosecution of Offences Act 1985.

What did it take over

It took over the prosecuting role from the police because there was a risk of bias in allowing the police to both investigate and prosecute cases.

What does the CPS advise

It advises the police in their investigation about lines of inquiry and the evidence needed to build a case

What does it assess

It independently assesses the evidence submitted to it by the police and keeps cases under continuous review

What does it decide

It decides whether to prosecute and if so, what charges should be brought

What does it prepare

It prepares the prosecution case and presents it in court, using its own lawyers and self-employed specialists

What does it do with prosecution victims and witness

It assists, informs and support victims and prosecution witnesses

Philosophy and values

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What is independence and fairness to the CPS values that underpin its work

Independence and fairness- prosecuting without bias and always seeking to deliver justice

What qualities must the CPS have

Honesty and openness - essential for maintaining the integrity and trustworthiness of the criminal justice system. Building trust and confidence with the CPS decision making processes.

How must the CPS treat people

Treating everyone with respect

How must they behave

Behaving professionally and striving for excellence - for the wanted outcome

Why is equality and inclusion important

Equality and inclusion- to inspire greater confidence in the CPS from victims and witnesses

Funding

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Where does most of their income come from

Most of the CPS’s income comes from the government, with a budget of around half a billion pounds per year.

How does the CPS recover some of its costs

Recovers some of its costs when the courts award costs against defendants, and it also recovers assets confiscated from criminals.

How has the CPS suffered with funding

Significant funding cuts. In 2018, the head of the CPS, Alison Saunders, reported that its budget had fallen by 25% and that it had lost a third of its staff. This has lead to concerns that it is unable to perform its role effectively

Working practices

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How are types of criminality and offender relevant

Except for some very minor offences, the CPS deals with the full range of offences and criminals. It takes the responsibility for all serious cases

National and local reach

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How many regional area teams on local prosecution are there

14 regional area teams prosecuting cases locally.

Where is the CPS a national body

Throughout England and Wales

How are regional area teams headed

Each one is headed by a Chief Crown Prosecutor and works closely with local police forces and other criminal justice partners.

What is CPS Direct

CPS Direct is a ‘virtual’, the 15th area, probiding charging decisions to police nationwide, 24/7, 365 days a year

Decisions to prosecute

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What is at the heart of the CPS’s working practices

The Code for Crown Prosecutors.

What does this code do

The code sets out two tests that prosecutors must apply in deciding whether to prosecute a case

What are these two tests

The evidential test and the public interest test

What is the evidential test

Prosecutors must first be satisfied that there is enough evidence for a realistic prospect of convicting the suspect. In particular, they must decide that the evidence is admissible, reliable and credible. If not, it fails the evidential test and the prosecution must not go ahead

What is the role of the public interest test

Prosecutors must next decide whether the prosecution is in the public interest. To do so, they must consider the following seven question

What are the 7 questions

1) how serious is the offence

2) what is the suspect’s level of culpability (blame)

3) what harm had the victim suffered

4) the suspect’s age and maturity

5) what is the impact of the offence on the community

6) is prosecution a proportionate response to the offence

7) do information sources require protecting

When is the threshold test relevant

Even if there if not enough evidence currently available for an immediate prosecution. A suspect may still be charged under certain circumstances. In these cases the CPS must apply the threshold test

What are the 2 grounds of the threshold test

•There must be reasonable grounds to believe that the suspect is guilty and that enough further evidence can be obtained later to secure a conviction

• the offence is serious enough to justify immediate charging and it would be too risky to allow bail. Any decision to charge must be kept under review