(CPS) for prosecuting suspects (4 with questions and correct answers
Unit 2.1 - correct answer-Explain the requirements of the crown prosecution service (CPS)
for prosecuting suspects
4 Marks, 1 Mark per paragraph
4 Paragraphs, 5 minutes each.
1. Who are the CPS? When & Why were they founded? What is their main role.
2. The full code test - evidential stage (Stephen Lawrence)
3. The full code test - Public Interest Stage (Abu Hamza)
4. Describe the threshold test - briefly state how this could have been used for Abu Hamza
when he failed Evidential Stage but Passed Public Interest Stage.
Who and When was the CPS established? - correct answer-The Crown Prosecution Service
(CPS) service that is a part of the UK's criminal justice system.
It was established in 1986.
Prosecutes criminal cases that have been investigated by the police
CPS is independent.
What law introduced the CPS ? - correct answer-Prosecution of Offences Act (1985)
, Before 1986 the police were in charge
Why was the CPS introduced? - correct answer-Risk of bias with police prosecuting based
upon their own investigations
What do the CPS emphasise when describing their role? Why is this so important?
(Consider notions of democracy and justice) - correct answer-The CPS emphasise their
role as independent and objective - separate to police and courts and so avoids bias
In other words, Their main role is to make sure that the right person is prosecuted for the
right offence
The Charging Decision / The Full Code test - correct answer-When deciding whether or not
to press charges, the CPS apply 'The Full Code Test':
To ensure fairness and consistency in prosecuting the CPS applies two stages of their 'Full
Code Test' to decide whether or not to prosecute:
2 stages of the full code test:
A .The Evidential stage
B. The Public Interest stage
In some cases - a suspect may still be charged even if the evidence does not meet the
requirements of the Full Code Test. This is when the Threshold Test is applied.
The Evidential Stage - correct answer-Police investigate a case, and produce a file of
evidence
Then, pass it to the Crown Persecution Service (CPS)
CPS run the full code test on the case