CROWN PROSECUTION SERVICECROWN PROSECUTION SERVICE

AIM AND OBJECTIVES

Aim: To explore the role of the Crown Prosecution Service (CPS)

Objectives: Explain the historical background

to prosecutionIdentify the structure and

organisation of the CPSCritically assess whether there was

a need for the CPS

WHAT IS THE CPS?

The CPS is a Government Department which prosecutes people in England and Wales who have been charged with a criminal offence.

It is independent of the police, but works closely with them at all times.

THE HISTORY OF THE CPS

PRIOR TO 1879 There was no public

prosecutor to take criminal cases to court. People had to find their own lawyers or present the prosecution cases themselves.

1879 Police forces grew

and took on the responsibility for starting criminal proceedings. Each prosecution was brought by the arresting officer.

1879

There was also a step forward as the office of Director of Public Prosecution (DPP) was set up. The function of the DPP was to bring prosecution in serious cases.

They had a role to advise the police and personally act in cases of importance

1962 – WILLINK COMMISSION

Not acceptable for the police to use the same officers to investigate and prosecute cases.

It recommended that all police forces should have their own solicitors department.

1970 – JUSTICE REPORT

This report argued that an independent body was the best way to safeguard fairness and impartiality.

It argued that the police were not best suited to be prosecutors because they would often have a commitment to winning a case even when the evidence was weak (Prosecution bias).

They were also not best placed to consider the public policy aspects of the discretion to prosecute.

Conflict of interest Potential infringement of right to fair trial.

1978 – PHILLIPS COMMISSION

Three main criticisms: The police should not investigate

offences and decide whether to prosecute.

Different police forces used different standards to decide whether to prosecute.

The police were allowing too many weak cases to come to court.

1981

It was agreed that the police should continue to make the first decision whether or not to prosecute, but, once a decision had been made to proceed, the file would be passed to an independent body.

PROSECUTION OF OFFENCES ACT 1985

The 1982 Home Office White Paper: An Independent Prosecution Service for England and Wales argued for a national prosecution service.

Parliament passed the Prosecution of Offences Act 1985 which created the Crown Prosecution Service (CPS) with the Director of Public Prosecutions as its head.

GLIDEWELL REPORT 1998

A highly critical report published by a review body headed by Sir Ian Glidewell in June 1998 concluded: that the CPS had failed to achieve the expected

improvements in the prosecution system since it was set up in 1986.

It had become bureaucratic and over centralised.

The report depicted a service where charges were thought to be inappropriately downgraded. And a disproportionately large number of serious

violent offences were not prosecuted.

As a result of the Glidewell Report, the CPS underwent a major structural re-organisation in 1999.

Its operations were de-centralised so as to realign the CPS areas to match the boundaries of the Police Forces.

There were originally 13 CPS areas there are now 42 to match the 43 police forces of England and Wales. (London has 2 Police Forces).

New Chief Crown Prosecutors (CCPs) for the 42 areas were appointed in 1999.

The CCPs will be accountable to the local communities and according to the CPS: will enable good working relationships with other agencies

in the criminal justice system; courts police judiciary.

GROUP DISCUSSION TASK

Do you think that there was a need for an independent body such as the CPS?

TAKE IT ONE STEP FURTHER...

What are the advantages and disadvantages of having an independent prosecution body such as the Crown Prosecution Service?

QUICK RECAP

1) What is the CPS?

2) What Act introduced the CPS?

3) What did the Phillips Report 1981 say?

ORGANISATION OF THE CPS

Alison Saunders is the new Director of Public Prosecutions

She is the first DPP to be appointed from within the CPS

The DPP is supervised and appointedby the Attorney General.

The currentAttorney Generalis Dominic Grieve

The CPS has divided the country into42 areas, a Crown Prosecutor will headone of the 42 areas.

Each area is sub-dividedinto branches, whichare headed byBranch CrownProsecutor

Within each branch there are Several lawyers, and Support staff

They are divided into teams and givenresponsibility for cases. The team willthen be responsible for the case throughout the prosecution process

ROLE OF THE CPS

THE FUNCTIONS OF THE CPS

The CPS’ main role is the prosecution of alleged criminal offenders in England and Wales. However, this role includes five main functions.

Crown Prosecutors are responsible for deciding whether a person should be charged with a criminal offence and what that offence should be.

CRIMINAL JUSTICE ACT 2003S. 28 of the CJA 2003 took away the

power of charging a D from the police to the CPS, except in minor offences.

Lord Auld in his Criminal Courts Review made this reform hoping to improve the relationship between the CPS and the police so that they work efficiently together in preparing a case for trial.

The pilot scheme was successful, convictions rose to 15% and instances of charges being dropped fell from 51% to 18%.

The CPS and the police work closely together, but the final responsibility for the decision rests with the CPS.

Being responsible for the case after it has been passed to them by the police.

Conducting and preparing the prosecution of cases in the Magistrates’ and Crown Court; this is usually done by lawyers working in the CPS as Crown Prosecutors.

Another vital function is working with other organisations to improve the effectiveness of the Criminal Justice System.The CPS provides guidance to prosecutors and police on application of the Code for Crown Prosecutors.

CORE QUALITY STANDARDS

The DPP has recently issued Core Quality Standards. The Core Quality Standards informs the public what they can expect from the CPS when they prosecute individuals.

See: www.cps.gov.uk/publications/core_quality_standards

EXAMPLES OF SOME STANDARDS

Standard 1: We will provide the police and other investigators with advice to assist in tackling crime effectively and bringing offenders to justice.

Standard 2: We will make timely, effective and fair charging decisions in accordance with the Code for Crown Prosecutors.

Clearly, the DPP sees an enhanced role for the CPS and wants the CPS to engage more with the community.

KEY DUTIES OF THE CPS

Advising the police on cases for possible prosecution.

Determine the charge in all but minor cases. Preparing cases for court. The presentation of cases at court. Appointing private barristers and solicitors to

present cases at court.

CODE OF PRACTICE

Once in receipt of the papers the CPS is under a duty to see if the prosecution should continue.

Due to the criticisms of the number of discontinued cases the DPP issued a revised Code of Practice for the CPS.

DOWNGRADING PROSECUTIONS

The CPS are able to downgrade prosecutions. This power to downgrade or discontinue was intended to save money where cases could not be proven.

However, this power has caused tension and alienation between the CPS and the police.

Nonetheless, in 2008-2009 80.7% of cases dealt with by the CPS resulted in conviction.

The CPS has a great deal of discretion over whether or not to prosecute. There is no obligation to prosecute whenever a crime has been committed. Indeed, prosecuting all offenders would require many times the facilities and manpower available.

REVIEW THE PAPERS

After the police have investigated a crime and passed the papers to the CPS, one of the lawyers – called a Crown Prosecutor, now also referred to as Public Prosecutors - carefully reviews the papers to decide whether or not to go ahead with the case.

S.10 PROSECUTION OF OFFENCES ACT 1985

The prosecutor’s decision is based on the FULL CODE TEST set out in the Code for Crown Prosecutors, s.10 Prosecution of Offences Act 1985. The purpose of the Code is to promote efficient and consistent decision-making in order to develop and maintain public confidence in the CPS.

TESTS – TO PROSECUTE OR NOT?

The two main tests set in the Code are:1)Evidential test – whether there is enough

evidence to provide a ‘realistic prospect of conviction’.

2)Public interest test – whether it is in the public interest to prosecute.

A case has to pass both these tests before the CPS can start or continue a prosecution.

ACTIVITY

http://www.cps.gov.uk/education/11-18/decision-to-charge.html

THE EVIDENTIAL TEST

To examine a case, the prosecutor reviews it to see if there is enough evidence to provide a ‘realistic prospect of conviction.’

The Crown Prosecutor will look at the evidence as to whether it can be used in court and how reliable the evidence is.

UNRELIABLE EVIDENCE

Blurred CCTV Confession obtained by oppression Hearsay Eyewitness testimony of a child.

RELIABLE EVIDENCE

DNA Voluntary confession Eyewitness from the scene of a crime Clear CCTV.

WHAT ELSE WILL THE CPS CONSIDER?

They will also consider whether a magistrates or a jury, given such evidence, will convict the defendant.

The main purpose of the review is to ensure that only fit and proper cases are brought before the courts.

NOT ENOUGH EVIDENCE

If there is not enough evidence and the police state that there is no more evidence or any real prospect of more becoming available, the case will be stopped, under s. 23 of the Prosecution of Offences Act 1985.

Nonetheless, the CPS can, and does still ask the police to look at the case gain if more evidence should become available.

TOO MANY DISCONTINUED

There have been strong criticisms over the number of cases in which the CPS decides that the prosecution should be discontinued.

This is supported by statistics which show that every year the CPS discontinues over 150,000 cases.‘The powers of the CPS to discontinue cases…caused frustration on the part of victims.’- Davies, Croall and Tyrer.

IN THE PUBLIC INTEREST

If a prosecutor thinks that there is enough evidence to start or continue a prosecution, he or she will then consider whether a prosecution is needed ‘in the public interest.’

The prosecutor must think carefully about all the factors for and against a prosecution, and assess in each case whether a prosecution should go ahead.

WEIGHING OF FACTORS

This test is controversial as it involves very wide ranging considerations.

The Code of Practice gives lists of some ‘common public interests factors’ both for and against prosecution.

The list is not exhaustive and that factors that will apply depend on the facts in each case.

EXAMPLES OF FACTORS IN FAVOUR OF PROSECUTION

The offence involved the use of a weapon The offence was committed against a person

serving the public A conviction is likely to result in a significant

sentence.

EXAMPLES OF FACTORS AGAINST PROSECUTION

The suspect has put right the loss or harm that was caused

The offence was committed as a result of a mistake or genuine misunderstanding

The suspect played a minor role in the commission of the offence.

IF BOTH TESTS ARE SATISFIED

If both tests are satisfied the CPS should select charges:

which reflect the seriousness and extent of the offence

give the court adequate powers to sentence enable the case to be presented in a clear

and simple way.

WWW.CPS.GOV.UK

The Code for Crown Prosecutors was clarified and updated in Feb 2010 – check the website for more details – www.cps.gov.uk

Read: page 6 ‘Policy for Prosecutors in respect of cases of Encouraging or Assisting Suicide’.

THE THRESHOLD TEST

There are occasions when the CPS decides that the Full Code test has failed, and there is not enough evidence to charge, but at the same time there is still the belief that the suspect is too much of a risk to be released. In such cases the Threshold test will be used.

THE THRESHOLD TEST ASKS...

‘Will the suspect be charged?’ The CPS will consider:

‘Is there a realistic prospect of conviction?’ and

‘Is there a reasonable suspicion that the person arrested has committed the offence in question? If both of the above are satisfied then the CPS will apply the Public interest test in the Full Code Test.

RECAP QUESTIONS

What is the main function of the CPS? What Act introduced the CPS? Name three key duties of the CPS? What are the two main tests in deciding

whether or not to pursue a case? Explain each.

What is the Threshold Test? When is it used?

CONCLUSION

The CPS is a Government Department which prosecutes people in England and Wales.

It was brought in by the Prosecution of Offences Act 1985. Prior to this it was the police who brought prosecutions.

Since the CJA 2003 CPS now also decide the charges in all but minor offences (s.28).

Some of their key duties include preparing cases for court and presenting cases at court.

Once in receipt of the papers the CPS is under a duty to see if the prosecution should continue.

The FULL CODE TEST set out in the Code for Crown Prosecutors, s.10 Prosecution of Offences Act 1985 will be used.

The two main tests set in the Code are:1.Evidential test – is there enough

evidence to provide a ‘realistic prospect of conviction’.

2.Public interest test – is it in the public interest to prosecute.

Both tests must be passed for the CPS to continue a prosecution.

Where the Full Code test has failed, there is not enough evidence to charge but at the same time there is still the belief that the suspect is too much of a risk to be released, the Threshold test will be used.

The CPS will consider:‘Is there a realistic prospect of conviction?’ and ‘Is there a reasonable suspicion that the person arrested has committed the offence in question?’