• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Why was the Crown Prosecution Service (CPS) created?

Extracts from this document...

Introduction

´╗┐Why was the CPS created? The obligations of the crown prosecution service (CPS) before 2000 was to instruct independent counsel (barristers) to prosecute cases in the Crown Court and other higher courts. After changes were brought by Access to Justice Act 1999 solicitors who are employed lawyers who have the right qualification could now be able to appear in the Crown court and the higher courts. The Prosecution of Offences Act 1985 created the CPS, which only came into being in 1996. The Crown prosecution services have the responsibility of prosecuting people who have been charged with a criminal offence in England and Wales. The CPS is headed by under the supervision of an Attorney General the Director of Public Prosecution (DPP). It is an independent body that works with the police, the courts, the home office, the ministry of justice as well as other agencies that are in the criminal justice system such as the RSPCA. Each year the CPS will have to deal with more than a million cases in the Magistrates court and around 130,000 cases in the Crown court, to deal with this there is around 8,775 staff that are employed by the CPS which is spilt into 3 different groups which are the prosecutors, paralegals and the administrators. ...read more.

Middle

Thirdly that there could be a potential infringement of a right to a fair trial, as the police were involved with the investigations they had been tampering with evidence to help win cases, this meant that there were several miscarriages of justice when it came to the prosecution. The report only fuelled the criticisms on the police?s control over the prosecutions. In 1978 the Government decided that they wanted to address the problem so they set up a committee that was to investigate the prosecution process. The committee was called the Royal Commission on Criminal Procedure and was chaired by Sir Cyril Phillips. The committees Phillips report was ytyyyyythen presented to the Government in 1981. One of the thing that committee had found out was that too many trials were being halted at the end of the prosecution presentations of the case in court. This was because the evidence for the prosecution wasn?t sufficient enough to prosecute which led to lots of judge directed acquittals. The commission then stated that they thought that the CPS should have seen beforehand that those cases were going to fail because of the lack of evidence, and then when they had chosen to proceed it was a waste of money and the police?s time. ...read more.

Conclusion

That the CPS should be under the control of a Chief Crown Prosecutor who would be given freedom and own budget from the central control. The CPS would take over the cases after police had charged the person, and then they would arrange the initial magistrates court hearings and the witnesses. The decision would be made by the CPS in deciding whether or not to prosecute or charge a suspect, however before this the police would make the decision. Another recommendation was that the Criminal Justice Units (CJU) would be established to deal with many of the cases in their entirety; these units would be made up of the police, administrative staff i.e. the caseworkers and the CPS lawyers. Another would be that the section called the Central Casework would deal with the more serious cases and they would be given any additional staff resources that they needed. Yet another recomendation was that a CPS lawyer should be allocated to each Crown court. The report was soon accepted which led the Government to act swiftly on Glidewell recommendations. His recommendation on having the CPS in 42 areas was implemented and has been spilt into numerous branches with each branch headed by a Branch Crown Prosecutor. This system seemed to be working more efficiently as Sir Iain Glidewell had predicted as 70%-80% of criminal cases that were dealt by the CPS resulted in a conviction in 2008 to 2009 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Free essay

    Critically discuss whether the criminal courts of England and Wales require substantial reform. Firstly ...

    So in my opinion all this evidence bought forward is a very good form of reform in the courts of England and Wales. Using modern technology, and without the need for the parties to come to court and time provided for them, the judge deals with these matters administratively, before he resumes the ongoing trial.

  2. Court Structure

    Only the defence may appeal, not the prosecution. No further appeal is possible on the facts, although appeal on the law is possible to the Divisional Court. 2. The Divisional Court of the Queen's Bench Division is one of the appeal courts in the High Court. One of its roles is to hear appeals on the law of summary cases from the magistrates and from the Crown Court.

  1. Let Him Have It " This film (let him have it) is directed by ...

    Although it may be possible to prove that she did not strike the fatal blow, she is equally guilty because she wanted & intended the outcome. * Whether or not Bentley was actually under arrest at the time of the shooting.

  2. The Canadian Justice system towards aboriginal offenders

    The aboriginal concept of justice is notorious for its denunciation of adversarial procedure and neutral arbitration. In contrast to the uncompromising criminal process espoused by the Euro- Canadian justice system, aboriginal philosophies of justice "place a primary emphasis on restoration and reintegration of an offender into the fabric of communal

  1. 'Justice requires that prosecutions should be undertaken by a body which is fully independent ...

    and the current system prevented a consistent national prosecution policy. As a result of these findings, the RCCP recommended the establishment of a Crown Prosecution Service, which was later set up under the Prosecution of Offences Act 1985, and is headed by the Director of Public Prosecutions (currently Ken McDonald),

  2. Opening Statement for the prosecution

    Then forty-two followed. And finally twenty-six others met a similar fate. They were very much alive, when they were condemned to their deaths, I gravely assure you. It was a very sad moment for humanity.

  1. Expert Testimony and Its Value In the Justice System

    debate would be able to immediately explain to the Judge what the issue is with the evidence and then the Judge will have the ability to make it inadmissible. The amount of time and money that can be saved by using the concurrent method is significant.

  2. a) Explain the function of the CPS [14] b) evalate the effectiveness of the ...

    They appealed this until they finally had enough evidence to none of them had committed the crime. Therefore the 6 were finally freed in 1991 which was 16 years after they were convicted. That example shows clear evidence that the police were too close to the case and this gave

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work