The CPS

Cards (6)

  • Aims and objectives
    The CPS is main independent prosecutor in England and Wales and was set up in 1986 with the Prosecution of Offenders Acr 1985. The CPS took over the role of prosecution from the police due to possible bias. However, the police still prosecute some very minor offences.
    The CPS's role involves:
    1. Advise the police in ivnestigations on lines of inquiry and the evidence needed to build a case.
    2. Assess the evidence and keep cases under constant review.
    3. Decide whether to prosecute and what charges to bring.
    4. Prepare and present prosecution's case in court, uses its own lawyers and self-employed specialists.
    5. Assist, inform and support victims and prosecution witnesses.
  • Philosophy and values
    1. Independence and fairness - prosecution withouut bias and always aiming to deliever justice.
    2. Honesty and openess.
    3. Treating everyone with respect.
    4. Behaving profesionally and strive for excellence.
    5. Equality and inclusion - inspire greater confidence in the CPS from victims and witnesses.
  • Funding
    It has a budget of £500m p.a. with most of it coming from the government. The CPS also recovers some money from the costs awards against defendants and assets confiscated from criminals. The CPS suffered significant funding cuts. In 2018, the head of the CPS, Alison Saunders, said that the budget fell by 25% and that 1/3 of staff had been lost. This leads to concers that the CPS is unable to act effectively.
  • Working practices (types of criminality and offender)

    The CPS deals with all crimes except for some very minor ones.
  • Working practices (national and local reach)
    The CPS operates in England and Wales and has 14 regional teams that prosecute local cases. Each is headed by a Chief Crown Prosecutor and works closely with local police and other criminal justice institutions. CPS Direct is a 15th area that provides charging decisions to the police 24/7 365.
  • Decisions to prosecute
    In deciding whether to prosecute the CPS must consider two tests that are set out in the Code for Crown Prosecutors:1. The evidential test2. The public interest testThe evidential test.There must be sufficient evidence for a realistic chance to convict, it also must be decided whether the evidence is admissible, reliable and credible. Otherwise the CPS must not go ahead.The public interest test.This must be applied to decide whether a prosecution is in public interest.The Threshold Test.Even if there is not enough evidence available a suspect still may be charged in some cases:1. There must be reasonable grounds to believe that the suspect is guilty and that enough further evidence can be obtained later to secure a conviction.2. The offence is serious enough to justify immediate charging and it would be too risky to bail. Any decision to charge must be kept under review.