cps

• What is the Crown Prosecution Service (CPS)?

  An independent body
• What role does the CPS play after a suspect is arrested?

  They decide whether to prosecute the suspect
• Who decided to prosecute before the establishment of the CPS?

  The police
• What issues were identified in the 1970 Justice report regarding police prosecution?

  Potential bias, tampering, conflict of interest
• What did the Phillips Royal Commission recommend in 1978?

  Establishment of an independent agency
• What legislation established the CPS?

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

  Director of Public Prosecutions (DPP)
• To whom is the DPP accountable?

  Attorney General
• What are the five aims of the CPS?

  Advise, review, decide, prepare, present cases
• What is the two-part test used by the CPS to decide on prosecution?

  1. Evidential test

  • Is there a realistic prospect of conviction?
  • Reliable vs. unreliable evidence

  1. Public interest test

  • Seriousness of the offence
  • Level of culpability
  • Circumstances and harm caused
  • Suspect's age
  • Community impact
  • Proportionality of prosecution
  • Protection of information sources
• What is the evidential test in the CPS's two-part test?

  Is there a realistic prospect of conviction?
• What can unreliable evidence lead to?

  Mistrial or miscarriage of justice
• What case highlighted issues with unreliable witnesses?

  Damilola Taylor case 2002
• What does the public interest test consider?

  Seriousness, culpability, circumstances, community impact
• Who authored the report 'DPP: Setting the Standard 2009'?

  Kier Starmer
• What is the threshold test used by the CPS?

  Assesses risk of releasing a suspect
• What are the two questions asked in the threshold test?

  Reasonable suspicion and further evidence?
• What criticisms and reforms have been made regarding the CPS?

  • 1998 Narey review: extra training and case workers
  • 1999 Gildewell report: 12% cases dropped, poor relationships with police
  • 1999 Macpherson report: racial equality report required
  • 2001 Auld review: recommended statutory charging
  • 2009 Setting the standard: restructuring and modernization
• What was a key finding of the 1999 Gildewell report?

  12% of cases were dropped
• What did the 2001 Auld review recommend?

  Statutory charging for correct charges
• What was the focus of the 2009 report by Kier Starmer?

  Restructuring and modernizing the CPS