AC2.1 Explain the requirements of the crown prosecution service for prosecuting suspects
kThe Crown Prosecution Service, CPS, was established in 1986 by the Prosecution of
Offences Act 1985. Prior to this date the police both investigated and prosecuted crimes.
However, it was felt that a more independent organisation and one separate from the police
was needed to prosecute. The CPS therefore:
Advises the police in the early stages of an investigation
Decides which cases to prosecute
Determines the appropriate charge
Prepares cases for court
Presents cases in court
The CPS, while being independent, works closely with the police. There is also a 24-hour-
advice service for the police through CPS direct.
Full code test
To help produce fairness and consistency in prosecuting, the CPS uses a two-stage test to
decide whether or not to prosecute. The two stages are the:
(i) Evidential test
(ii) Public interest test
The evidential test
The evidential test asks if there is enough evidence to gain a ‘realistic prospect of
conviction’. The CPS must consider what the defence case may be, and how that is likely to
affect the prosecution case. A realistic prospect of conviction is an objective test, which
means that a jury or bench of magistrates or judge hearing a case alone, with the correct
advance about the law, is more likely than not to find the defendant guilty. If the answer is
yes, then the evidential test is made out.
To help the CPS decide if there is sufficient evidence it must consider if the evidence can be
used in court. In the Colin Stagg case, the ‘Lizzie’ evidence was held by the judge to be
inadmissible. The CPS must also consider if the evidence is reliable, including deciding upon
the integrity of witnesses and whether or not the evidence, in particular the witnesses and
their evidence, is credible or believable. If the case fails, this test it does not proceed any
further and there will be no prosecution. However, if it does pass the evidential test then
the second test can be considered – the public interest rate.
The public interest test
The CPS must consider whether or not it is in the public interest to prosecute. It may be that
the public interest is better served with an out of court disposal. To help it decide the public
interest test there is a list of questions to consider. The list is not exhaustive and not all
questions might be relevant, or a different weight may be attached to each answer in
different cases. The questions are viewed more by way of guidance and are as follows:
How serious is the offence committed? The more serious the offence, the more likely
there will be a prosecution.
What is the level of culpability (responsibility) of the suspect? The greater the level, the
more likely there will be a prosecution.
kThe Crown Prosecution Service, CPS, was established in 1986 by the Prosecution of
Offences Act 1985. Prior to this date the police both investigated and prosecuted crimes.
However, it was felt that a more independent organisation and one separate from the police
was needed to prosecute. The CPS therefore:
Advises the police in the early stages of an investigation
Decides which cases to prosecute
Determines the appropriate charge
Prepares cases for court
Presents cases in court
The CPS, while being independent, works closely with the police. There is also a 24-hour-
advice service for the police through CPS direct.
Full code test
To help produce fairness and consistency in prosecuting, the CPS uses a two-stage test to
decide whether or not to prosecute. The two stages are the:
(i) Evidential test
(ii) Public interest test
The evidential test
The evidential test asks if there is enough evidence to gain a ‘realistic prospect of
conviction’. The CPS must consider what the defence case may be, and how that is likely to
affect the prosecution case. A realistic prospect of conviction is an objective test, which
means that a jury or bench of magistrates or judge hearing a case alone, with the correct
advance about the law, is more likely than not to find the defendant guilty. If the answer is
yes, then the evidential test is made out.
To help the CPS decide if there is sufficient evidence it must consider if the evidence can be
used in court. In the Colin Stagg case, the ‘Lizzie’ evidence was held by the judge to be
inadmissible. The CPS must also consider if the evidence is reliable, including deciding upon
the integrity of witnesses and whether or not the evidence, in particular the witnesses and
their evidence, is credible or believable. If the case fails, this test it does not proceed any
further and there will be no prosecution. However, if it does pass the evidential test then
the second test can be considered – the public interest rate.
The public interest test
The CPS must consider whether or not it is in the public interest to prosecute. It may be that
the public interest is better served with an out of court disposal. To help it decide the public
interest test there is a list of questions to consider. The list is not exhaustive and not all
questions might be relevant, or a different weight may be attached to each answer in
different cases. The questions are viewed more by way of guidance and are as follows:
How serious is the offence committed? The more serious the offence, the more likely
there will be a prosecution.
What is the level of culpability (responsibility) of the suspect? The greater the level, the
more likely there will be a prosecution.
