Crown Prosecution Service
- Created by: Ellie504
- Created on: 16-05-16 22:52
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- Crown Prosecution Service
- Role and Composition
- 5 main roles : Advise, Review Prepare, Present, DECIDE
- Headed up by DPP - Alison Saunders, who answers to AG - Jeremy Wright
- She heads up 13 Chief Crown Prosecutors - one for each physical area.
- Since COA 2003 - Statutory Charging
- Intro and History
- Justice Report 1970 and Phillips Commission 1978 - see below.
- Miscarriages of Justice - Birmingham 6, Guildford 4, Judith Ward.
- The CPS is the principle prosecuting authority in the CJS.
- Justice Report 1970 and Phillips Commission 1978 - see below.
- Tests
- Full Code Test
- Evidential Test - there must be good evidence that leads to a reasonable suspicion of guilt, quantity not vital compared to the quality - must be reliable, admissable and clear.
- If it fails this test it should go no further.
- Public Interest Test - Is it in the public interest to prosecute? S.4.2 of the POA 1985 sets out questions that should be asked such as - culpability? Weapon used? Impact?
- Keir Starmer - former DPP stated it would always be in the P.I to prosecute in offences of assisted suicide after R v Inglis and R v Gilderdale
- Public Interest Test - Is it in the public interest to prosecute? S.4.2 of the POA 1985 sets out questions that should be asked such as - culpability? Weapon used? Impact?
- If it fails this test it should go no further.
- Evidential Test - there must be good evidence that leads to a reasonable suspicion of guilt, quantity not vital compared to the quality - must be reliable, admissable and clear.
- Threshold Test - put in place by CJA 2003, can be used where FC has failed but a reasonable suspcion remains and a offence is too serious. PI is reapplied and kept under review.
- Full Code Test
- Reports
- Justice Report 1970 - Reported on miscarriages of justice, prosecution bias, potential infringement of Art 6 - RTFT
- Royal Phillips Comission 1978 - recommended the establishement of a independent body due to the above.
- Prosecution of Offences Act 1985 - established the CPS.
- Reforms
- Glidewell Report 1998 - improved standards needed, working relationships needed to be improved with police too.
- Abu Hamza - this case suggests working relationships still strained.
- Keir Starmer 2009 - Setting the Standard - Core Quality Standards.
- Role and Composition
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