argue cps shouldn't use likelihood of conviction as basis for its decisions
funding cuts
critical mistakes
too close to police
too slow, bureaucratic, poor at communicating
cherrypicking cases
drop 'weak' cases
denies vulnerable victims a chance to heave case heard
the guardian 2018 - allegation that the cps wasn't taking on 'weak' rape cases
CPS ‘cherrypicking’ cases to prosecute, say senior police chiefs
cps shouldn't use likelihood of conviction as basis for its decisions
suggest evidential tests does not always serve the interests of justice
e.g 2014-2018 rape reports more than doubled - but prosecutions fell
less social control when it comes to rape
Allison levitt
argued a system that only prosecutes safe cases is sending a message to attackers that vulnerable people are open to abuse as the cps will not prosecute
funding cuts
cps lost 25% funding and a third of their staff
struggle to cope with workload
max hill - staff are increasingly having to sift through masses of phone data in their analysis
can lead to mistakes, dropping cases as not enough time
critical mistakes
damilola Taylor
case collapsed due to witness - The prosecution relied heavily on a girl who claimed to have witnessed the attack but was caught to be lying. - police offered bribes to the girl
cps failed to do basic checks
too close to the police
led many to question its objectivity
also led to tense working relationships - hostile blame culture which led to inefficiency and poor preparation
strengths of cps
independent from other agencies - make impartial decisions
uses a common test to decide whether to prosecute (Full Codes Test – evidential and public interest test) which ensures fairness and equality.
CPS Inspectorate inspects the work of the CPS and helps to drive improvement.
use full code test
public interest test + evidential test
case may also go through threshold test if fails full code test
allows a due process model to be implemented - more fair and impartial way of investigating cases
abu hamza
a radical muslim cleric convicted in 2006 for different offences however there was controversy over the CPS and it application of the full code.the CPS decided there wasn't enough evidence to prosecute but they finally prosecuted in 2006
glidewell report
sir Iain Glidewell produced report in 1998
stated organisation lacked effectiveness and efficiency
referenced how the number of judge order acquittals of defendants were too high up
found many witnesses were unreliable in court
some did not show up
lord janner
escaped prosecution for serious sexual abuse of boys on three occasions due to failings of CPS
High Court judge concluded that three chances to put him on trial were missed because of mistakes by the police or the Crown Prosecution Service.
found that statements from two complainants against Lord Janner were never handed to the Crown Prosecution Service (CPS).