Criminology Unit 3 - 2.1 - Requirements of the Crown Prosecution Service for prosecuting suspects
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Course
Unit 3
Institution
WJEC
Criminology Unit 3 - 2.1 - Requirements of the Crown Prosecution Service for prosecuting suspects
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U3 2.1 Requirements of the Crown Prosecution Service for
prosecuting suspects
The crime prosecution service, CPS, was established in 1986 under the Prosecution of
Offences Act 1985. It prosecutes criminal cases which have been investigated by
the police and other investigative services in England and Wales. Their duty is to
make sure the correct person is prosecuted for the right offence and to bring
offenders to justice where appropriate. Prior to the CPS, the police investigated and
prosecuted crimes, which was problematic due to the late work load and bias.
Role of the CPS
The CPS advise the police during the investigation about what evidence may be
required and about possible lines of questioning. Independently, the CPS assesses
the evidence from the police and determines whether to prosecute, and if so, which
charges. As stated in the Criminal Justice Act of 2003, the CPS issues a written
charge as well as a notice to inform the offender when they are requested to
appear in court. Following this, the CPS prepares and presents the case for court.
Charging Role - Criminal Justice Act 2003
The Criminal Justice Act of 2003 introduced a new method of charging suspects
which represents a fundamental change in the charging responsibilities between
the police and CPS. The act places on prosecutors, more specifically the CPS, the
responsibility of determining the charge to be brought against a suspect in all but
the most routine cases, such as minor road traffic incidents)
When making the decision about whether to prosecute a case, the CPS applies
certain tests which are dictated in the Code for Crown Prosecutors. For the CPS to
prosecute a case, usually, it must pass the Full Code Test, which is made up of 2
separate stages: ‘The evidential test’ and ‘The public interest test’.
Full Code Test
The Evidential Test sees whether there is sufficient evidence to gain a “realistic
prospect of conviction”. This is to identify possible arguments which the defence
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