Crown Prosecution Service

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  • 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.
    • 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
      • 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.
    • 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.


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