CPS

• What is referred to as the ‘GOLDEN THREAD’ in legal context?


  The principle of fair trial
• What are the three categories of offences?

  Summary offences, triable either way offences, and indictable offences
• What is unique about the triable either way offence process?


  The defendant gets to choose whether to be tried in Magistrates' or Crown Court
• What are the pre-trial procedures for summary offences?


  • Plead guilty: Sentenced in Magistrates
  • Plead not guilty: Trial in Magistrates
  • Early Administrative Hearing
• What are the pre-trial procedures for triable either way offences?


  • Plead guilty: Sent to Crown for sentencing
  • Plead not guilty: Trial in Crown Court
  • Early Administrative Hearing
  • Mode of Trial: Defendant chooses
• What are the pre-trial procedures for indictable offences?


  • Plead guilty: Sentenced in Crown
  • Plead not guilty: Trial in Crown Court
  • Early Administrative Hearing
• What is the role of the Crown Prosecution Service (CPS)?


  To prosecute in criminal cases
• What historical issue led to the establishment of the CPS?


  Miscarriages of justice due to police handling state prosecutions
• What act established the Crown Prosecution Service in 1986?


  The Prosecution of Offences Act 1985
• Who is the head of the CPS?

  The Director of Public Prosecutions
• What qualifications are required for the Director of Public Prosecutions?


  A qualified lawyer for at least ten years
• How many staff are employed by the CPS approximately?

  Approximately 7000 staff
• What is the role of Senior District Crown Prosecutors?


  They head the branches within each area of the CPS
• What is the CPS Direct responsible for?


  Charging decisions in low category cases
• What does the Criminal Justice Act 2003 require regarding complex cases?


  They must be decided upon following face-to-face consultation
• What happens if the police and CPS disagree on a charge?


  The independence of the CPS is important
• What are the responsibilities of the CPS?


  • Reviewing cases (evidential & public interest tests)
  • Making charging decisions
  • Preparing the case
  • Conducting prosecutions in court
• What is the Full Code Test in the CPS?


  It includes an evidential test and a public interest test
• What does the evidential test assess?


  Whether there is a realistic prospect of conviction
• What is an example of a case that raised issues about admissibility of evidence?

  R v Paris 1992
• What does the public interest test consider?


  Whether there are compelling reasons not to prosecute
• What factors do prosecutors consider in the public interest test?


  • Seriousness of the offence
  • Level of culpability of the suspect
  • Circumstances and harm to the victim
  • Age of the suspect
  • Community impact
  • Proportionality of prosecution
  • Protection of information sources
• What are the statutory limits on detention under PACE 1984?


  You can be held for up to 96 hours with approval
• What is the exception to the statutory limits on detention?

  The Threshold Test allows for charging despite nearing custody time limits
• What are some problems faced by the CPS?


  • Lack of funding and understaffing
  • Decisions to discontinue cases
  • Judge ordered acquittals
  • High number of failed prosecutions
• What was the Narey Review 1998 focused on?


  Delays in the prosecution process
• What solution was proposed in the Narey Review?


  Criminal Justice Units with police and CPS working together
• What did the Glidewell Report 1998 address?


  The centralization of the CPS
• What was the outcome of the Auld Review 2001?


  The CPS determines charges in all but the most minor cases
• What issue did the Denman Report 2001 highlight?


  Institutional racism and inequality in the CPS
• What was introduced as a result of the Denman Report?


  The Race Equality Scheme
• What did the Casework Quality Standards 2014 aim to improve?


  The quality of casework within the CPS
• What are the potential questions regarding the CPS?


  • Explain the role of the CPS within the criminal justice system.
  • Identify and analyse the advantages and disadvantages of the CPS.
  • Analyse and evaluate the effectiveness of the CPS.
• What are the key requirements for criminal legal advice and appeals?


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