Efficiency & Timeline of CPS Essay Plan
Intro
The CPS is an independent government department, responsible for prosecuting criminal cases investigated by police in Wales and Engla nd.
Before 1856, the police had the role of investigating and prosecuting which raised concerns about bias and inconsistent practice.
Guildford Four Example (AO1): Four innocent people spent 15 years in prison as police used torture to force confessions.
The 1970 Justice Report found that the Justice System suffered from systemic flaws and lacked independence.
It also broke a 150-year-old tradition (AO3) and convinced the government to look at the Scottish legal system, which already used
independent prosecutors.
So, the Prosecution of Offences Act (1985) (AO1) created the CPS to improve fairness and consistency.
How the CPS Works
Their role includes deciding charges by reviewing police evidence and making the final decision on charging a suspect.
It's organised into 14 regional areas and has executive leadership roles such as a DPP (AO1) (Stephen Parkinson) and Attorney General (Lord
Hermer). The DPP heads the entire Service and the Attorney General oversees the DPP.
They apply the Full Code Test (AO1) including the evidential test where it is decided if there is enough reliable evidence to prosecute. The
prospect of conviction is over 50% (AO3), showing how the majority of cases brought forward are backed by sufficient evidence.
There is also the public interest test which considers if prosecution is in the public's interest.
However, some cases fall through the cracks (AO3). Seen in the case of Christopher Kapessa where a boy wasn't held accountable for the
drowning of another young boy despite pushing him in water because they decided that the age focused more on youth
rehabilitation, not public interest. A High Court judge said they failed to properly value human life.
The Threshold Test (AO1) can also be used in emergencies when a suspect is too dangerous to be released on bail. Because it allows a
person to be held without complete evidence, it may go against Article 5 of the ECHR (AO3) which is the right to liberty if the further
evidence doesn't materialise.
Major Reviews:
Narey Review (1997): (AO1) Found that cases were delayed over paperwork. So, the reform action introduced 'caseworkers' to take time to
prepare for court. In 2002-3 (AO3), they secured a 98% conviction rate in Magistrates' Court and a 70% for those pleading not
guilty, showing how effectively they were doing their job even when dealing with a lack of confession.
Glidewell Report (1988) (AO1): It was too early to see full data from Narey, but it found further delays and a 12% rate (AO3) of cases being
discontinued due to bad file setup. The reform action reorganised the CPS into 42 regional areas to match the police forces.
Macpherson Report (1999) (AO1): The core finding was that the police were institutionally racist after failing to effectively investigate the
murder of a black teenager, Stephen Lawrence. Modern evidence shows that over 750,000 (AO3) race-related incidents were
reported in 2020 and black people were 9.5 times more likely to be stopped and searched.
Modern Standards and Failures
Setting the Standard (2009) (AO1): Keir Starmer published rules to make CPS 'deliver justice' as many people were being failed because the
rape conviction is low and dropping (71% in 2020 and 69% in 2022) (AO3). The report also introduced core quality standards such
as clear explanations and keeping witnesses safe.
The Way Forward Policy (2013) (AO1): CPS was underfunded and struggling to cope, so they went backwards and gave some charging
powers back to the police (bad idea) (AO3). Today, the police are deciding around 70% of cases (minor crime).
Modern Failures: In 2020, only 1.6% of rapes (AO3) reported resulted in a charge. They admitted they have a long way to go as they want to
restore public confidence after the murder of Sarah Everard caused loss of trust in the system. The 'Strategy' (2025-30) introduced
a 'suspect-centric' approach, forcing prosecutors to focus solely on suspects.
Key Strengths of CPS
CPS data shows that the overall conviction rate sits at around 80% (AO3), showing how cases are filtered through to ensure they win.
Specialist Units such as RASSO (AO3) for rape and serious sexual offences ensure professionals are dealing with highly complex and
sensitive cases.
Intro
The CPS is an independent government department, responsible for prosecuting criminal cases investigated by police in Wales and Engla nd.
Before 1856, the police had the role of investigating and prosecuting which raised concerns about bias and inconsistent practice.
Guildford Four Example (AO1): Four innocent people spent 15 years in prison as police used torture to force confessions.
The 1970 Justice Report found that the Justice System suffered from systemic flaws and lacked independence.
It also broke a 150-year-old tradition (AO3) and convinced the government to look at the Scottish legal system, which already used
independent prosecutors.
So, the Prosecution of Offences Act (1985) (AO1) created the CPS to improve fairness and consistency.
How the CPS Works
Their role includes deciding charges by reviewing police evidence and making the final decision on charging a suspect.
It's organised into 14 regional areas and has executive leadership roles such as a DPP (AO1) (Stephen Parkinson) and Attorney General (Lord
Hermer). The DPP heads the entire Service and the Attorney General oversees the DPP.
They apply the Full Code Test (AO1) including the evidential test where it is decided if there is enough reliable evidence to prosecute. The
prospect of conviction is over 50% (AO3), showing how the majority of cases brought forward are backed by sufficient evidence.
There is also the public interest test which considers if prosecution is in the public's interest.
However, some cases fall through the cracks (AO3). Seen in the case of Christopher Kapessa where a boy wasn't held accountable for the
drowning of another young boy despite pushing him in water because they decided that the age focused more on youth
rehabilitation, not public interest. A High Court judge said they failed to properly value human life.
The Threshold Test (AO1) can also be used in emergencies when a suspect is too dangerous to be released on bail. Because it allows a
person to be held without complete evidence, it may go against Article 5 of the ECHR (AO3) which is the right to liberty if the further
evidence doesn't materialise.
Major Reviews:
Narey Review (1997): (AO1) Found that cases were delayed over paperwork. So, the reform action introduced 'caseworkers' to take time to
prepare for court. In 2002-3 (AO3), they secured a 98% conviction rate in Magistrates' Court and a 70% for those pleading not
guilty, showing how effectively they were doing their job even when dealing with a lack of confession.
Glidewell Report (1988) (AO1): It was too early to see full data from Narey, but it found further delays and a 12% rate (AO3) of cases being
discontinued due to bad file setup. The reform action reorganised the CPS into 42 regional areas to match the police forces.
Macpherson Report (1999) (AO1): The core finding was that the police were institutionally racist after failing to effectively investigate the
murder of a black teenager, Stephen Lawrence. Modern evidence shows that over 750,000 (AO3) race-related incidents were
reported in 2020 and black people were 9.5 times more likely to be stopped and searched.
Modern Standards and Failures
Setting the Standard (2009) (AO1): Keir Starmer published rules to make CPS 'deliver justice' as many people were being failed because the
rape conviction is low and dropping (71% in 2020 and 69% in 2022) (AO3). The report also introduced core quality standards such
as clear explanations and keeping witnesses safe.
The Way Forward Policy (2013) (AO1): CPS was underfunded and struggling to cope, so they went backwards and gave some charging
powers back to the police (bad idea) (AO3). Today, the police are deciding around 70% of cases (minor crime).
Modern Failures: In 2020, only 1.6% of rapes (AO3) reported resulted in a charge. They admitted they have a long way to go as they want to
restore public confidence after the murder of Sarah Everard caused loss of trust in the system. The 'Strategy' (2025-30) introduced
a 'suspect-centric' approach, forcing prosecutors to focus solely on suspects.
Key Strengths of CPS
CPS data shows that the overall conviction rate sits at around 80% (AO3), showing how cases are filtered through to ensure they win.
Specialist Units such as RASSO (AO3) for rape and serious sexual offences ensure professionals are dealing with highly complex and
sensitive cases.
