CPS

Key Duties Advising 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 solicitors to present cases at court

1/22/2013 5:38:00 AM

Criticism There needed to be a move away from minor cases in the magistrate court in order to concentrate on more serious crimes in the crown court. Also it was felt that the cps didnt get involved enough in presenting its own cases in the courts. The organization, structure and the management style needed to change Criticisms were made over lack of adequate electronic case management system and the absence of a suitable chief administrator In particular, criticisms were made over the lack of an adequate electronic case management system and the absence of a suitable chief administrator CPS needed to work more closely with the other criminal justice agencies and in particular the police Criticism was made in particular of the lack of communication between the police and the CPS The CPS now has a Chief Executive to take responsibility for and to advise the DPP on the administration and financial management of the CPS Each CPS area also has a business manager to take responsibility for the effective management of that area CPS has begun a policy of increasing the amount of in-house advocacy it uses. The CPS is trying to improve the services, information and support provided to the victims and witnesses of crime. Organization Operates under a structure of 42 geographical locations in England or wales corresponding with the police force. Each area is headed by a Chief Crown Prosecutor (CCP) And each area also has an Area Business Manager who has the responsibility for the administration of the area.

The Code for Crown Prosecutors The Code for Crown Prosecutors sets out the basic principles to be followed by when making charging and prosecuting decisions. The Code for Crown Prosecutors is issued by the director of Public Prosecution under the Prosecution of Offences Act 1985 s.10 Decision on both charging and prosecuting suspects are based on the Full Code Test outlined in the Code. There are two parts to this test: -The Evidential Test: Is there enough evidence to provide a realistic prospect of conviction Also can evidence be used and be reliable -The Public Interest Stage Public interest what factors are there for prosecution - what factors are there against the prosecution the third test is the Threshold test an extension of the 2 test .. even if there isnt enough evidence the seriousness of the crime would make them prosecute the person.(only in cases where it would not be appropriate to release a suspect on bail because the suspect represents serious bail risk and there is reasonable suspicion that the offender has committed an offence and it is in the public interest to charge the suspect.) The defense has the right to challenge a case for lack of evidence or unjustified refusal of bail. Until the case has met the Full Code Test there is an increasing likelihood that the defense will succeed in stopping a prosecution at an early stage in the court process. This in effect limit the use of the Threshold Test. and therefore the suspect would winthis is a limitation to the Threshold test

1/22/2013 5:38:00 AM

1/22/2013 5:38:00 AM