Presentation on theme: "Explains with some clear reasoning and relevance CPS requirements for charging suspects."— Presentation transcript:
Explains with some clear reasoning and relevance CPS requirements for charging suspects
Goal The police and CPS work in partnership as the prosecution team at a very early stage in an investigation To achieve the common goal of bringing cases to the right outcome, by building robust cases from the outset.
The CPS should determine the charge to be brought against a suspect in all but minor routine cases To ensure the correct charge from the outset To weed out non-viable cases at an early stage
Threshold Test If evidence is not yet available to make a charging decision to keep a suspect in custody The Threshold Test may only be applied where the suspect presents a substantial bail risk and not all the evidence is available at the time when he or she must be released from custody unless charged.
When the test is applied Prosecutors conditions - there is insufficient evidence currently available there are reasonable grounds for believing that further evidence will become available within a reasonable period the seriousness or the circumstances of the case justifies the making of an immediate charging decision Where any of the above conditions is not met, the Threshold Test cannot be applied and the suspect cannot be charged.
Evidential Test – a CPS principle CPS must be satisfied that there is enough evidence to provide a "realistic prospect of conviction" against each defendant on each charge If the case does not pass the evidential test then it must not go ahead no matter how important or serious it may be.
Public Interest Test If the case does pass the evidential stage, CPS must then decide whether a prosecution is needed in the public interest Must balance factors for and against prosecution carefully and fairly Some factors may increase the need to prosecute but others may suggest that another course of action would be better
The case A case might fail the evidential stage because simply there is not enough evidence, no witnesses, no DNA or other scientific evidence Or there may be evidence but the evidence is inadmissible e.g. confession evidence The CPS lawyer will have to establish how significant the evidence is, referred to as its “weight”, this can vary depending on the age of the witness, whether they had been drinking, the weather and other such factors.
Since the Criminal Justice Act 2003 the previous convictions or bad character of the defendant can be put before a jury in some circumstances These factors have to be weighed in the balance to establish not only how much evidence the prosecution have but how probative it is
The public interest is satisfied if a conviction is likely to result in a significant sentence; a weapon was used or violence was threatened during the commission of the offence; the offence was committed against a person serving the public (for example, a police or prison officer, or a nurse); a prosecution would have a significant positive impact on maintaining community confidence.
Right charge, right court In order to make decisions, Crown Prosecutors are guided by a "Code for Crown Prosecutors" which indicates the basis on which the Service proceeds with cases
If the prosecutor decides that the case should not proceed he enters a discontinuance notice which brings the proceedings to an end.
Should your crime have gotten to court? Now you know how the CPS decides what does/does not get to court. As part of your 3.1 you need to decide was it right for your trial to go ahead? They let him go once what changed by the second time? Make sure you give reasoning and evidence for your conclusions being drawn