Explain the Function and Effectiveness of the Crown Prosecution Service

The evidential test is concerned with whether there is sufficient evidence to provide a realistic prospect of conviction in the case. Under this the cps has to consider what the strength of the evidence is, and whether magistrates or a jury are more likely than not to convict. Points such as whether the evidence is admissible or whether it has been obtained illegally. Also, whether the witness is credible and how strong the evidence of identification of the defendant is.

In the public interest test, it is considered whether it is in public interest to continue with this case. It has 7 series of points that are to be considered.

Once a defendant has been charged with or summoned for an offence the police role is at an end. The police must send the papers for every case to the cps. Each case is then assigned to a team in the local branch of the cps. There is a code of practice for victims. It was first issued in 2005.

The cps is completely independent of the police although they work very closely. The police and CPS now work in partnership as "The Prosecution Team" at a much earlier stage in an investigation to achieve the common goal of bringing cases to the right outcome. The statutory role of the Service is set out in Section 3 of the Prosecution of Offences Act. Where requested, CPS lawyers must advise the police on cases for possible prosecution. Once a decision has been taken that a case should proceed, the CPS lawyer must ensure that the case is being prosecuted for the right charge and in the right court.

There have been two main criticisms of CPS.There are 1st that they discontinue too many cases and 2nd that they are not efficient so that cases are not always ready to proceed on the date set for trial.

The CBS is under a duty to review cases to see if prosecution should continue. The two main factors considered in deciding whether a case in which the defendant has been charged should continue or the evidential test and the public interest test.There have been criticisms that CPS is not always ready to proceed with cases at court this was especially true in the past a report published in October 2006 Crown Prosecution Service effective use of Magistrates Court hearings for 2004-5 pointed out that there was a large number of cases both trial and pre trial which did not proceed on the day.This report shows that there are still very real problems in the CPS handling of case.

The CPS have been efficient as they could use their limited available resources to them as to deal with more serious criminal matters in view of the fact that CPS now covers significantly smaller geographical areas and is thus placed under notably more pressure to ensure that the  justice it is seen to be done in a timely manner.The CPS also have been efficient in relation to minor criminal offences could serve to reduce the level of bureaucracy and delays in the treatment of justice when it comes to the resolution of individual cases to save money and available resources within the criminal justice system.The CPS proves in inefficient as as it burdens the economy.Another disadvantage of CPS is that there is too much delay so the prosecution of the case gets hard and mainly bias.

It can be concluded that the CPS have been proven efficient because the advantages outweighed the disadvantages and GPS performs functions dad previously could not be carried out by the police.