The Crown Prosecution Service (CPS) was created after a report by the Philips
Commission identified shortcomings in the prosecution process.
Explain the function of the CPS and evaluate its effectiveness.
Before 1986 prosecutions brought by the state were normally conducted by the police. The
Royal Commission on Criminal Procedure had also pointed out that there was no uniform
system of prosecution in England and Wales. The Commission thought it was desirable to have
an independent agency to review and conduct prosecutions. Eventually the Crown Prosecution
Service (CPS) was established by the Prosecution of Offences Act 1985 and began operating in
1986.
The functions of the CPS involves all aspects of prosecution: making the decision on what
offence to charge, preparing the case to go to court, prosecuting in court, dealing with appeals
after a trial.
The CPS’s role starts with deciding what offence should be charged. This used to be done by
the police but sometimes inappropriate charges were brought which meant that the case had to
be discontinued. Now the police only make the decision on what offence to charge in the less
serious offences. Even for these offences the police can ask for pre-charge advice from the
CPS. The decision to charge in all serious cases is made by the CPS.
When making the decision on charging, the Code for Crown Prosecutors must be complied with.
This sets out the general principles to be followed when making decisions on charging. The two
main tests are the evidential test and public interest test. These tests are applied when the CPS
review cases in which the charge was made by the police to ensure that weak cases are not
taken to court and that there is no prosecution in cases where it is not in the public interest.
The Evidential test is concerned with whether there is sufficient evidence to provide a ‘realistic
prospect of conviction’ in the case. Under this the CPS has to consider what the strength of the
evidence is and whether magistrates or a jury are more likely than not to convict. Points like
whether the evidence is admissible or whether it has been obtained by breaching PACE are
considered and also whether a witness’s evidence is credible. How strong the evidence of
identification of the defendant is also considered.
The Public Interest test involves very wide-ranging considerations. The Code of Practice sets
out a series of points that should be considered. For example if it is a more serious offence, the
more likely it is that a prosecution is required. Moreover, the more culpable, the more likely it is
that a prosecution is needed and the circumstances of the victim because the more vulnerable
the victim is, the more likely it is that a prosecution is required. Furthermore, a prosecution is
also more likely if the offence was committed against a victim who was at that time serving the
public, such as a police officer. If the offence was motivated by any forms of discrimination, the
more likely it is that a prosecution is required.
Commission identified shortcomings in the prosecution process.
Explain the function of the CPS and evaluate its effectiveness.
Before 1986 prosecutions brought by the state were normally conducted by the police. The
Royal Commission on Criminal Procedure had also pointed out that there was no uniform
system of prosecution in England and Wales. The Commission thought it was desirable to have
an independent agency to review and conduct prosecutions. Eventually the Crown Prosecution
Service (CPS) was established by the Prosecution of Offences Act 1985 and began operating in
1986.
The functions of the CPS involves all aspects of prosecution: making the decision on what
offence to charge, preparing the case to go to court, prosecuting in court, dealing with appeals
after a trial.
The CPS’s role starts with deciding what offence should be charged. This used to be done by
the police but sometimes inappropriate charges were brought which meant that the case had to
be discontinued. Now the police only make the decision on what offence to charge in the less
serious offences. Even for these offences the police can ask for pre-charge advice from the
CPS. The decision to charge in all serious cases is made by the CPS.
When making the decision on charging, the Code for Crown Prosecutors must be complied with.
This sets out the general principles to be followed when making decisions on charging. The two
main tests are the evidential test and public interest test. These tests are applied when the CPS
review cases in which the charge was made by the police to ensure that weak cases are not
taken to court and that there is no prosecution in cases where it is not in the public interest.
The Evidential test is concerned with whether there is sufficient evidence to provide a ‘realistic
prospect of conviction’ in the case. Under this the CPS has to consider what the strength of the
evidence is and whether magistrates or a jury are more likely than not to convict. Points like
whether the evidence is admissible or whether it has been obtained by breaching PACE are
considered and also whether a witness’s evidence is credible. How strong the evidence of
identification of the defendant is also considered.
The Public Interest test involves very wide-ranging considerations. The Code of Practice sets
out a series of points that should be considered. For example if it is a more serious offence, the
more likely it is that a prosecution is required. Moreover, the more culpable, the more likely it is
that a prosecution is needed and the circumstances of the victim because the more vulnerable
the victim is, the more likely it is that a prosecution is required. Furthermore, a prosecution is
also more likely if the offence was committed against a victim who was at that time serving the
public, such as a police officer. If the offence was motivated by any forms of discrimination, the
more likely it is that a prosecution is required.
