Eval of CPS

• Eval:

  • deemed a successful body, as they secure convictions in around 83% of cases that are proceeded with. However, there are some criticisms of the CPS
• Eval - history:

  • Police who wold bring state prosecutions.
  • Control over the investigation and prosecution - 'over involvement'.
  • Police abused their powers - miscarriages of justice (Maxwell Confait).
  • Royal commission on criminal procedure was established in 1978.
• History eval:

  • Recommended separating investigation from prosecution
  • Founded an independent prosecuting body.
  • The prosecution of offences act 1985 enacted the commissions recommendations.
• Brief overview of the role eval:

  • Take control of a criminal case once the suspect has been charged
  • 5 main roles of the CPS: advise police, review cases, decide whether to charge, prepare cases.
  • Prosecuters must complete the full code test from Para 4 code for crown prosecutors.
  • This two-part test must be used to proceed with a prosecution.
• General problems:

  • Lack of funding - understaffing, delays
  • The CPS budget is around £500m each year
  • This budget will include the salaries of 6000 working staff, alongside all the administrative costs within the legal year.
  • Decisions to discontinue cases and reducing the charge to increase the possibility of D pleading guilty, based upon the evidence collated.
• General problems:

  • Justice is not served.
  • Judge ordered acquittals - problems with the case are identified after a case has been sent to court (before trial has commenced)
  • CPS annual reports show that 12.5% of cases were discontinued in this way in 2014-2015.
  • Racism in the CPS - accusations of inequality and racism within its practice.
• General problems:

  • Disclosure scandals - CPS must provide the defence with copies of material which might undermine the case for the prosecution (which therefore helps the case for the accused)
  • failing to do this in multiple recent sexual assault - prompted a review of their disclosure protocols
• Reviews:

  • Combat past criticisms and enable change
  • Narey review 1998 - criticisms of delay in bringing cases to court due to lack of preparation. Such issues were combated by creating criminal justice units, which united the police with CPS lawyers and caseworks.
  • reduced delays, identified problems sooner and resulted in fewer discontinued areas
  • (7% discontinued in pilot areas compared with 12% elsewhere).
  • However, working relationships were strained due to the heabily workload.
• Reviews:

  • Glidewell report 1998 tackled crisims that the CPS was too centralised,
  • Tense working relationships between the police and CPS
  • 'has the potential to become a lively, successful and esteemed part of the criminal justice system'
  • However, none of these adjectives applies to the service as a whole at present.
• Reviews:

  • Glidewell reorganised it into 42 areas.
  • Better for local relationships with courts and police, as it is spread the workload.
  • However, this is now back ot 14 regional areas due to the lack of funding.
  • Macsphereon report 1999 following this report the police were found to be institutionally racist.
• Reviews:

  • Every police force is now under a legal obligation to publish a racial equality policy to protect victims and defendants.
  • Regular inspections are carried out.
  • Although aimed directly at the police, this has indirect effect on the CPS.
  • The criminal justice act 2003 activated statutory charging standards which requires the CPS to determine the charge in all but the most minor of cases.
• Conclude for eval:

  • The cps can now be regarded as a very successful prosecuting body as the majority of the cases they proceed with secure convictions. The past criticisms have been tackled by several reviews which led to appropriate and necessary changes to the functionality of the CPS