The Crown Procecution Service

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The Crown Prosecution Service (CPS)

The Crown Prosecution Service (CPS) was established under the Prosecution of Offences Act 1985 and started operating in 1986. Although the CPS Work closely with the Police it is an independent body responsible for prosecuting criminal cases. The CPS is headed by the Director of Public Prosecutions (DDP). Across England and Wales the CPS has 42 areas which are divided into 15 regional groups. A Chief Crown Prosecutor (CCP) is responsible for prosecutions in each area.

The main role of the CPS is to prosecute people charged with criminal offences provided the cases pass the evidential test and public interest test. The CPS also gives the police advice on matters related to their investigation of crime and deciding on what offence should be charged. They also review prosecutions started or referred to them by the police to ensure that the defendants are prosecuted on the right charges before the right court. Another responsibility of the CPS is to prepare cases for court and present cases in front of a court.

Decisions to Prosecute are guided by the Code for Crown prosecutors which sets out the principles that Crown Prosecutors Should follow. Cases which are received by the Crown Prosecution Service are reviewed against two tests set out in the Code to determine whether to prosecute or not. The two tests are the evidential test and the public interest test. Firstly the prosecutor reviews the case to see whether there is adequate evidence to provide a realistic prospect of conviction. The case is stopped if there is not enough evidence, on the other hand if there is the prosecutor will consider what the strength of the evidence is and whether magistrates or a jury are more likely to convict than not. If the prosecutor is satisfied with the evidence he or she then considers whether a prosecution would be in the public interest. Common public interest factors for and against prosecution have to be taken into account.

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Some factors in favour of prosecution would be; if there is evidence proving that the offence was premeditated, the victim was vulnerable or suffered considerable damage or the defendant’s previous convictions are relevant to current offence. Factors against prosecution could include; the offence was committed as a result of a mistake or misunderstanding or the damage caused as a result of the offence was minor or the court may impose a small penalty. If the common public interest factors against prosecution outweigh those in favour of prosecution then case fails the test and cannot be taken further despite how ...

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