CPS
- Created by: Karolinaaaa
- Created on: 15-05-17 11:31
View mindmap
- CPS
- Role (A)
- Justice Report 1970
- Conflict of intrests
- Weak cases put forwards based on culture of persecuting
- Royal Commission on Criminal Porcedure (The Phillips Commission) recommend CPS which began operating 1986. Prosecution of Offences Act 1985
- Composition
- DPP- Alison Saunders
- AG- Jeremy Wright QC
- Set out
- 13 main geographical areas led by Cheif Crown Prosecutor (CPP)
- Further divided into branches led by Branch Crown Prosecutor
- 14th virtual area CPS Direct
- 13 main geographical areas led by Cheif Crown Prosecutor (CPP)
- Roles
- Since 2003 decide on offence to charge 'statutory charge' function
- Review evidence
- Provide guidance on admissibility
- Prosecute cases - Magistrates & Crown Court
- Full Test Code - S.10 Prosecution Of Offences Act 1985
- Evidential test - Real prospect of conviction?
- Is it reliable?
- Admissible, Reliable & sufficient
- Can evidece be used in court? Doubt over admissibility?
- Is it credible?
- Admissible, Reliable & sufficient
- Is it credible?
- Can evidece be used in court? Doubt over admissibility?
- IF NOT PASSED CANT GO AHEAD
- Is it reliable?
- The public interest test
- How serious was the offence?
- Prosecution proporitionate response?
- Under 18?
- Evidential test - Real prospect of conviction?
- Full Test Code - S.10 Prosecution Of Offences Act 1985
- Treshold test
- Reasonable suspicion?
- Can further evidence be gahtered to provide realistic prospect of conviction?
- Justice Report 1970
- Evaluation (B)
- Criticisms
- Ineffective - staffed & handles cases
- Guardian: 2012, 912 cases dropped (administrative errors), 2012, 45 murder trails failed, cuts of 25%
- Discontinuin too many cases
- Cases can be discontinued, downgrade charge or continue original charge
- Private prosecution: Stephen Lawrence
- Civil Action - Joan Francisco
- The Glidewell Report 1998
- 12% discontinued
- High number of ordered acquittals - poor prep
- Serious tension between Police and CPS
- Recommended CPS be based at every station to provide guidance
- Number of changes sucessful - rise in conviction 98%
- Ineffective trials reduced, disontinued cases from 16% to 9%, stronger relationships, 24hr telephone service CPS direct
- Ineffective - staffed & handles cases
- Postivies
- Better work with police due to Glidewell Report 1998
- Changes to Prosecution of Offences Act 1985, simple cases represented by case workers with 3yrs expireince & some training
- Responded to criticisms
- Conviction rates consistent at 85% or above for past 8yrs
- Conviction rates for violence against women including **** hit record high in 2012-13
- June 2013- Victims right to review
- Criticisms
- Role (A)
Comments
No comments have yet been made