Crown Prosecution Crown Prosecution ServiceService

IntroductionIntroduction

Responsible for prosecuting people in Responsible for prosecuting people in England and Wales who have been England and Wales who have been charged with a criminal offence.charged with a criminal offence.

It was created by the Prosecution of It was created by the Prosecution of Offences Act 1985.Offences Act 1985.

The head of the Crown Prosecution The head of the Crown Prosecution Service is the Director of Public Service is the Director of Public Prosecutions (DPP).Prosecutions (DPP).

The Director is responsible to the The Director is responsible to the Attorney General (a government Attorney General (a government minister) who is responsible to minister) who is responsible to Parliament for the CPS.Parliament for the CPS.

Key dutiesKey duties

advising the police on cases for advising the police on cases for possible prosecutionpossible prosecution

determine the charge in all but minor determine the charge in all but minor cases. cases.

preparing cases for courtpreparing cases for court the presentation of cases at courtthe presentation of cases at court appointing private barristers and appointing private barristers and

solicitors to present cases at court.solicitors to present cases at court.

Brief HistoryBrief History

Individual police forces had the Individual police forces had the responsibility of prosecuting most crimes responsibility of prosecuting most crimes until the creation of the CPS.until the creation of the CPS.

The 1962 Report of the Royal Commission The 1962 Report of the Royal Commission on the Police recommended that all police on the Police recommended that all police forces should have their own prosecuting forces should have their own prosecuting solicitors’ departments. Not all police solicitors’ departments. Not all police forces acted on this recommendation.forces acted on this recommendation.

The Philips Report 1981:The Philips Report 1981:

– The police should not investigate offences and The police should not investigate offences and decide whether to prosecutedecide whether to prosecute

– The different police forces around the country The different police forces around the country used different standards to decide whether to used different standards to decide whether to prosecute prosecute

– The police were allowing too many weak cases The police were allowing too many weak cases to come to court, which was leading to a high to come to court, which was leading to a high percentage of judge-directed acquittals.percentage of judge-directed acquittals.

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

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

GlidewellGlidewell

The Review of the Crown Prosecution The Review of the Crown Prosecution Service (The Glidewell Review) was Service (The Glidewell Review) was published in 1998.published in 1998.

Three key criticisms of the CPSThree key criticisms of the CPS

There needed to be a move away There needed to be a move away from minor cases in the Magistrates’ from minor cases in the Magistrates’ Court in order to concentrate on Court in order to concentrate on more serious crime in the Crown more serious crime in the Crown Court. Court.

Also it was felt that the CPS did not Also it was felt that the CPS did not get involved enough in presenting its get involved enough in presenting its own cases in the courts.own cases in the courts.

Criticism OneCriticism One

Criticism TwoCriticism Two

The organisation, structure and the The organisation, structure and the management style needed to changemanagement style needed to change

In particular, criticisms were made In particular, criticisms were made over the lack of an adequate over the lack of an adequate electronic case management system electronic case management system and the absence of a suitable chief and the absence of a suitable chief administrator. administrator.

Criticism ThreeCriticism Three

The CPS needed to work more closely The CPS needed to work more closely with the other criminal justice with the other criminal justice agencies and in particular the police.agencies and in particular the police.

Criticism was made in particular of Criticism was made in particular of the lack of communication between the lack of communication between the police and the CPS the police and the CPS

Response to GlidewellResponse to Glidewell

The CPS are now use a ‘statutory The CPS are now use a ‘statutory charging arrangement’ whereby they charging arrangement’ whereby they select what offence to charge an select what offence to charge an offender with in all but the most offender with in all but the most minor of cases minor of cases

The CPS have ‘CPS Direct’ which is The CPS have ‘CPS Direct’ which is an out-of-hours telephone service to an out-of-hours telephone service to provide the police with charging provide the police with charging advice through the night and at advice through the night and at weekends.weekends.

The CPS now use an electronic case The CPS now use an electronic case management system known as management system known as ‘COMPASS’.‘COMPASS’.

The CPS now has a Chief Executive to The CPS now has a Chief Executive to take responsibility for and to advise take responsibility for and to advise the DPP on the administration and the DPP on the administration and financial management of the CPS. financial management of the CPS.

Each CPS area also has a business Each CPS area also has a business manager to take responsibility for manager to take responsibility for the effective management of that the effective management of that area.area.

CPS has begun a policy of increasing CPS has begun a policy of increasing the amount of in-house advocacy it the amount of in-house advocacy it usesuses

The CPS is trying to improve the The CPS is trying to improve the services, information and support services, information and support provided to the victims and provided to the victims and witnesses of crime. witnesses of crime.

The CPS is getting involved with The CPS is getting involved with various community groups such as various community groups such as victim groups and groups victim groups and groups representing minorities. representing minorities.

The Code for Crown The Code for Crown ProsecutorsProsecutors

The Code for Crown Prosecutors sets The Code for Crown Prosecutors sets out the basic principles to be out the basic principles to be followed by when making charging followed by when making charging and prosecuting decisions.and prosecuting decisions.

The Code for Crown Prosecutors is The Code for Crown Prosecutors is issued by the Director of Public issued by the Director of Public Prosecutions under the Prosecution Prosecutions under the Prosecution of Offences Act 1985 s.10.of Offences Act 1985 s.10.

Crown Prosecutors also have to Crown Prosecutors also have to follow additional guidance on follow additional guidance on charging a suspect in ‘charging a suspect in ‘The Director's The Director's Guidance on Charging’ which the Guidance on Charging’ which the DPP issues under the Police and DPP issues under the Police and Criminal Evidence Act 1984 s.37ACriminal Evidence Act 1984 s.37A

Decisions on both charging and Decisions on both charging and prosecuting suspects are based on prosecuting suspects are based on the Full Code Test outlined in the the Full Code Test outlined in the Code. There are two parts to this Code. There are two parts to this test:test:

– The Evidential StageThe Evidential Stage

– The Public Interest Stage.The Public Interest Stage.

The evidential test:The evidential test:

– Is there is enough evidence to provide a Is there is enough evidence to provide a “realistic prospect of conviction” ?“realistic prospect of conviction” ?

– Can the evidence can be used and is it Can the evidence can be used and is it reliable?reliable?

The public interest test:The public interest test:

– What factors are there for prosecution? What factors are there for prosecution?

– What factors are there against What factors are there against prosecution?prosecution?

There is a third test: the threshold There is a third test: the threshold test.test.

The threshold test is used to decide The threshold test is used to decide whether a suspect can be charged whether a suspect can be charged even though there is not yet enough even though there is not yet enough evidence to apply the Full Code Test.evidence to apply the Full Code Test.

The Threshold Test is The Threshold Test is onlyonly applied to applied to those cases in which it would not be those cases in which it would not be appropriate to release a suspect on bail appropriate to release a suspect on bail because the suspect represents a because the suspect represents a serious bail risk serious bail risk andand there is reasonable there is reasonable suspicion that the offender has suspicion that the offender has committed an offence committed an offence andand it is in the it is in the public interest to charge that suspect.public interest to charge that suspect.

The defence has the right to The defence has the right to challenge a case for lack of evidence challenge a case for lack of evidence or an unjustified refusal of bail. Until or an unjustified refusal of bail. Until the case has met the Full Code Test the case has met the Full Code Test there is an increasing likelihood that there is an increasing likelihood that the defence will succeed in stopping the defence will succeed in stopping a prosecution at an early stage in the a prosecution at an early stage in the court process. This in effect limits the court process. This in effect limits the use of the Threshold Test. use of the Threshold Test.

OrganisationOrganisation

Operates under a structure of 42 Operates under a structure of 42 geographical areas in England and geographical areas in England and Wales corresponding with the Wales corresponding with the boundaries of the police forces of boundaries of the police forces of England and Wales. England and Wales.

The CPS London Area covers the The CPS London Area covers the operational boundaries of both City operational boundaries of both City of London and Metropolitan Police of London and Metropolitan Police Forces Forces

Each area is headed by a Chief Each area is headed by a Chief Crown Prosecutor (CCP).Crown Prosecutor (CCP).

Each area also has an Area Business Each area also has an Area Business Manager who has responsibility for Manager who has responsibility for the administration of the area.the administration of the area.

ExerciseExercise

What are the advantages and What are the advantages and disadvantages of having an disadvantages of having an

independent prosecution body such independent prosecution body such as the Crown Prosecution Service?as the Crown Prosecution Service?

Essay QuestionEssay Question

(a)(a)Outline how the Crown Outline how the Crown Prosecution Prosecution Service makes the Service makes the decision to decision to prosecute. (12)prosecute. (12)

(b)(b)Evaluate the role of the Crown Evaluate the role of the Crown Prosecution Service in the criminal Prosecution Service in the criminal justice process. (13)justice process. (13)

Total 25 marksTotal 25 marks