Criminology unit 3 ac 2.1
The CPS - correct answer-Was established in 1986 by the Prosecution of Offences Act 1985
Prior to this the police both investigated and prosecuted crimes
It was felt that there needed to be a body independent of the police that should be
responsible for the prosecution of crimes.
What is the role of the cps? - correct answer-Therefore the role of the CPS is to:
● Advisethepoliceintheearlystagesofaninvestigation
● Decide which cases to prosecute
● Determinetheappropriatecharge=chargingrole
● Prepareandpresentthecaseincourt
● Thereisa24houradviceservicecalledCPSDirect
Criminal justice act 2003 - correct answer-Criminal justice Act 2003
This Act places on the CPS the responsibility for determining the charge to be brought
against a suspect in all but the most routine cases
To charge suspects, the CPS must follow the Full Code Test which includes the evidential
test and the public interest test.
What's the full code test? - correct answer-The two stages that each case must pass if there
is to be a realistic prospect of conviction are:
1. The Evidential Test
2. The Public Interest Test
Evidential test - correct answer-Prosecutors must be satisfied that there is sufficient evidence
for a realistic prospect of conviction. They must decide whether the evidence would be more
likely that not to be enough for an objective, impartial and reasonable jury, magistrate or
judge to find the defendant guilty.
admissible
Reliable
credible
public interest - correct answer-when there is sufficient evidence to proceed the CPS must
decide whether a prosecution is in the public interest
threshold test - correct answer-Reasonable grounds to believe the person has committed the
offence
● Reasonable grounds to believe further evidence can be obtained that will provide a
realistic prospect of conviction
● Crime is serious enough to justify charging the suspect immediately
● Substantial grounds to reject bail
● In public interest to charge
The CPS - correct answer-Was established in 1986 by the Prosecution of Offences Act 1985
Prior to this the police both investigated and prosecuted crimes
It was felt that there needed to be a body independent of the police that should be
responsible for the prosecution of crimes.
What is the role of the cps? - correct answer-Therefore the role of the CPS is to:
● Advisethepoliceintheearlystagesofaninvestigation
● Decide which cases to prosecute
● Determinetheappropriatecharge=chargingrole
● Prepareandpresentthecaseincourt
● Thereisa24houradviceservicecalledCPSDirect
Criminal justice act 2003 - correct answer-Criminal justice Act 2003
This Act places on the CPS the responsibility for determining the charge to be brought
against a suspect in all but the most routine cases
To charge suspects, the CPS must follow the Full Code Test which includes the evidential
test and the public interest test.
What's the full code test? - correct answer-The two stages that each case must pass if there
is to be a realistic prospect of conviction are:
1. The Evidential Test
2. The Public Interest Test
Evidential test - correct answer-Prosecutors must be satisfied that there is sufficient evidence
for a realistic prospect of conviction. They must decide whether the evidence would be more
likely that not to be enough for an objective, impartial and reasonable jury, magistrate or
judge to find the defendant guilty.
admissible
Reliable
credible
public interest - correct answer-when there is sufficient evidence to proceed the CPS must
decide whether a prosecution is in the public interest
threshold test - correct answer-Reasonable grounds to believe the person has committed the
offence
● Reasonable grounds to believe further evidence can be obtained that will provide a
realistic prospect of conviction
● Crime is serious enough to justify charging the suspect immediately
● Substantial grounds to reject bail
● In public interest to charge
