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Why was the Crown Prosecution Service (CPS) created?

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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.

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