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The Crown Prosecution Service
Terms in this set (67)
What decision does the CPS have to make?
Whether to prosecute rather than caution or drop the case
In which year was the CPS established?
Before the CPS was established in 1986 who made the decision on whether to prosecute?
What problems did the 1970 justice report identify with the police making the decision to prosecute?
Prosecution bias, potential breaching of the right to a fair trial after police tampering of evidence, and conflict of interest as the same body investigating and prosecuting was seen as inappropriate
In 1978, who recommended the establishment of an independent agency to take charge of prosecuting suspects?
Phillips Royal Commission
Which Act established the CPS?
Prosecution of Offences Act 1985
Who is the CPS headed by?
The Director of Public Prosecutions (DPP)
Who is the DPP answerable to?
Who became DPP in November 2018?
Max Hill QC
What are the five main roles of the CPS
Decide whether to bring prosecution against the suspect- main role
Advise the police on the charge that should be brought against the suspect
Prepare cases for court
Present cases in court, as CPS lawyers have rights of audience
What do the CPS use to advise the police on the charge that should be brought against the suspect?
CPS Charging Standards
The CPS is divided into how many areas of England and Wales?
Each area of the CPS is headed by who?
a Chief Crown Prosecutor
Each branch of a certain area is headed by who?
a Branch Crown Prosecutor
What does CPS Direct provide?
An out-of-hours service to the police on charging advice
What is the role of the CPS inspectorate?
Enhance the quality of justice through independent inspection and assessment of prosecution services, and in doing so, to improve effectiveness and efficiency
The CPS Inspectorate was set up under which Act?
Crown Prosecution Service Inspectorate Act 2000
The CPS uses two key documents to outline what?
Its role, how it makes decisions and what service the public can expect
What code of practice do the crown prosecutors use to determine whether to charge a suspect with an offence?
The full code test (is based on 2 aspects relating to whether the suspect will be charged)
What does the evidential test ask?
Is there a realistic prospect of conviction?
What does the public interest test ask?
Is it in the public interest to prosecute?
What two tests is the full code test made up of?
The evidential test and the public interest test
What test does the case have to past first in the full code test before moving on to the second test?
The evidential test
What type of test is the evidential test?
What does the evidence have to be like to pass the evidential test?
Sufficient, reliable and admissible
What are the examples of unreliable evidence?
Blurred CCTV, confession obtained by oppression, hearsay and eyewitness testimony of a child
What are examples of reliable evidence?
DNA, eyewitness from the scene of a crime and voluntary confession
What case is an example of when unreliable witnesses and inadmissible evidence made the case the centre of the investigation?
Damilola Taylor Case (2002)
What did the case of Damilola Taylor Case (2002) illustrate?
If the evidential test is not passed then the case must be discontinued. If the evidential test is passed, the case passes onto the next stage, which is the public interest test
Under which act must a case be discontinued if the evidential act is not passed?
Prosecution of Offences Act 1985
The public interest changed from a series of factors to consider to a list of questions after the 2009 report by the former DPP. What is his name?
What are some examples of questions asked in the public interest test?
e.g what was the impact on the community?
How serious is the offence committed?
Was the suspect under the age of 18 at the time of the offence?
When considering the public interest test, the prosecutor may also consider whether a what would be more appropriate?
A out-of-court disposal (this is done by the police)
Why might the threshold test be done?
If the full code test has failed, and there is not enough evidence to charge the suspect, but the suspect is still believed to be too much of a risk to be released.
What are the two questions the threshold test asks?
Is there a reasonable suspicion that the person arrested has committed the offence in question?
Can further evidence be gathered to provide a realistic prospect of conviction?
In which year did the CPS publish the casework quality standards?
What do the Casework Quality Standards outline?
The standards the public can expect form the CPS.
What are the Casework Quality Standards important for?
Holding the CPS to account if it fails to provide the service outlined by the standards
What is standard one about in the Casework Quality Standards?
Victims, witnesses and communities
What is standard two about in the Casework Quality Standards?
Legal decision making
What is standard three about in the Casework Quality Standards?
What is standard four about in the Casework Quality Standards?
The CPS has been subject to much what since its establishment?
Criticism and reform
What has the CPS often been accused of?
Not achieving what it set out to do
What did the Narey Review (1998) criticise?
Lack of preparation and a considerable delay in bringing the case to court.
What was the reform of the Narey review (1998)?
Caseworkers employed and trained to review files and present straightforward guilty please in court
How did the Narey report (1998) review benefit the justice system?
It freed up CPS lawyers to deal with more complex cases
In what year was the Glidewell Report published?
A criticism the Glidewell report (1999) made was that 12% of cases were being discontinued by the CPS were the police had charged and charges were downgraded in an alarming number of cases. What was the reform for this criticism?
The 14 areas were divided into 42 areas, to correspond with the police forces, each with a Chief Crown Prosecutor and each with the responsibility to decide to prosecute.
After the Glidewell Report (1999), the CPS became based in police stations, and 'joined up working' was encouraged, with an emphasis on the police and CPS to collaborate on shared issues. This helps to cut the delay in bringing cases to court. What criticisms led to this reform?
There were tense working relationships between the police and the CPS, with a hostile 'blame culture' which led to inefficiency and poor preparation. Also, long delays were reported between arrest and sentence, along with a lack of preparation.
The Glidewell Report (1999) criticised how many witnesses were unreliable in court, and sometimes did not turn up at all. How was this criticism reformed?
A revised code for Crown Prosecutors was published with detailed guidance on the application of the evidential test.
What report was published in the same year as the Glidewell report (1999)?
The Macpherson Report (1999)
What event did the Macpherson Report (1999) follow?
The murder of Stephen Lawrence, when the police were investigated for potential racism
What was the criticism in the Macpherson Report (1999)?
The police were institutionally racist, and there were serious criticisms of the Stephen Lawrence investigation because the victim was black
What was the reform as a result of the Macpherson Report (1999)?
Every police force is now under legal obligation to publish a racial equality policy to protect victims and defendants. Regular inspections are carried out to ensure the rules are being followed
What did the Auld review (2001) recommend the introduction of?
As a result of the Auld Review (2001), a statutory charging scheme has been running since 2006, giving the CPS the responsibility to do what?
Determine the charge for a suspect in all but the most minor routine cases, for which the police still retain charging responsibility
The Auld Review (2001) recommended the introduction of statutory charging. What does statutory charging ensure?
The correct charge is brought and that only those who are strong enough to stand trial get to court
What does statutory charging, as recommended in the Auld Review (2001) and implemented by 2006, reduce?
The number of cases that are discontinued
Statutory charging, which was recommended in the Auld Review 2001, was later implemented in what Act?
Criminal Justice Act 2003
How does the Abu Hamza (2006) case suggest that working relationships between the police and CPS were still hostile, despite the reforms resulting from the Glidewell Report (1999)?
The police complained on several occasions that they had put evidence before the CPS but the CPS had continually refused to prosecute
In 2009 Kier Starmer, former DPP, published a report on his vision for the CPS. What was this report called?
'The Public Prosecution Service- Setting the Standard' (2009)
In his 2009 report, Kier Starmer set out three main aims:
protect the public, support victims and witnesses and deliver justice
Kier Starmer saw the CPS being able to achieve his three mains aims (public protection, victim and witness support and, deliver justice) by factors such as:
Presenting their own cases in court, helping the court to pass an appropriate sentence, taking the views of the victims into account and ensuring witnesses can give their best evidence
Which case has potentially damaged the reputation of the CPS because they decided not to prosecute him?
Lord Janner case (2015)
How is the Lord Janner case 2015 questioned?
Was their appropriate application of the public interest test?
In April 2015, why did the CPS say it was not in the public interest to prosecute Lord Janner?
His severity of dementia made him unfit to stand trial
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