AC 1.2/3.1 - Crown prosecution service

How are the CPS funded?

• By taxes

• Court awards costs from defendants

• Confiscated assets of criminals

What is the role of the CPS?

• When a crime is reported the CPS will investigate

• For more complicated cases they will offer police ‘early advice’ on what kinds of evidence to look for

• For less serious cases once the police will decide whether or not to change the suspect with the offence (e.g. one day in jail etc) however, for more serious cases this will be decided by the CPS.

• They prepare the prosecution side of court

• They will also assist and support victims of a crime for protection

How do the CPS decide whether to prosecute or not?

They will only start or continue a prosecution when a case has passed the full code test:

Stage one: evidential test:

• There has to be enough evidence for a realistic protect of getting a guilty verdict. The CPS will check to ensure evidence is collected admissible - was it collected, stored properly. Is it reliable and credible

• If this stage is satisfied they will then move onto stage 2

Stage 2: Public interest test:

CPS will then decide if this case is within the public interest to prosecute. They may consider factors such as:

• The seriousness of the offence

• The level of culpability (how much the suspect is to blame)

• What harm the victim has suffered

• The age and maturity of the suspect (The 2 are not the same)

• The impact the offence has had on the community

• Whether or not a prosecution is a proportionate response to the offence

• Whether information sources require protection (e.g. in relation to other investigations).

What is the Threshold test?

This is when the full code test is not met so in small occasions may be used. Factors include:

1. Further evidence is being obtained to meet the evidential stage of the full code test

2. The seriousness of the case must justify the making of an immediate charging decision, there must be substantial grounds to object to bail and it must be within public interest to charge the suspect.

What companies does the CPS work with and how?

The police:

• The CPS advice the police on evidence needed to build a case and what do charge them on

The courts:

• The CPS prepare and then present the prosecution case in court. They may also prepare and present cases to the appeals court if they think that the judge has awarded an unduly lenient sentence.