The Crown Prosecution Service by Ffion Jones https://padlet.com/297474/sx2qv1kz73hh CPS en-us 2016-11-25 09:34:14 UTC 2017-05-17 01:27:16 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png The role of the CPS. 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/139865114 The CPS is the prosecution service for England and Wales.  The CPS provide charging advice to the Police and other authorities. They help to prepare cases for court. CPS provides support witnesses and victims when giving evidence in court. They do this in accordance to the Code for Crown Prosecution, th6is a document that tells prosecutors the tests they must apply in order to decide whether or not to prosecute a case. To do this they must be satisfied that there is sufficient evidence for a realistic prospect of a conviction, and also that it is in the public interest to prosecute the case,.]]> 2016-11-25 09:44:11 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/139865114 The structure of the CPS 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/139866961 CPS is divide into 13 areas in England and Wales which has a Chief Crown Prosecutor  who delivers justice in their local area . They also have 4 specialist Casework divisions that deal with the most serious crime from large fraud to terrorism.]]> 2016-11-25 09:53:16 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/139866961 What is CPS Direct? 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/139868664 CPS Direct is the 24/7 charging advice centre, which delivers charging advice to the police nationally]]> 2016-11-25 10:02:31 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/139868664 Prosecutions : 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/139868798 CPS prosecute around 800,000caes a year in the Magistrates' and Crown Court. this is done by about 7,000 members of staff.]]> 2016-11-25 10:03:24 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/139868798 Values of the CPS. 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/139869250
  • independence
  • fairness
  • honest and open.
  • treat everyone with respect
  • Behave professionally 
  •  strive for excellence in everything we do
    • These values are expressed across staff and the pubic.
    ]]>     2016-11-25 10:06:52 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/139869250     The Justice Report 1970. Policing and Prosecution. 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/139871811 In the report is said that the  police should not investigate offences and decide whether to prosecute. The officer who investigated a case could not be relied on to make a fair decision whether to prosecute. It disclosed that different police forces around the country used different standards to decide whether to prosecute which is a serious issue. It also raised concerns that the police were allowing too many weak cases to come to court. This led to a high percentage of judge directed acquittals.

    ]]>     2016-11-25 10:21:14 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/139871811     Miscarriages of Justice 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/139873785 During the 1970's and 1980's the were many miscarriages of justice. we can see some of the worst case in  Britain with the case of the Birmingham 6, Guildford 4 and Judith Ward. In these cases all the suspects had been wrongly imprisoned for between 14 -17 years. This was a very big issue because it ruined many peoples lives. In these cases the suspects were accused of IRA bombings because of chemicals found on their clothing but when later analysed it was found that it was common chemical which you can find in shoe polish. ]]> 2016-11-25 10:32:41 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/139873785 Why, Who, What? 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/139875074 The CPS wash established by the Prosecution of Offence Act 1985 after it was recommended by Phillips Royal Commission in 1978 that we should have an independent agency to take charge of prosecution suspects. the finings of the commission stressed the need for fair trials.]]> 2016-11-25 10:40:44 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/139875074 Code for Crown Prosecution 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140444270 this is the code of Practice that the Crown Prosecution use to determine whether or not to charge a suspect with an offence. this Code is contained in S10 Prosecuting of Offenses Act 1985.  The latest version of The Code to be published is January 2013.]]> 2016-11-29 10:29:36 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140444270 The Full Code Test 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140452492 The Full Code test had two stages, the EVIDENTIAL stage and the PUBLIC INTREST stage.  the evidential test questions 'Is there a realistic prospect of conviction?' and the pubic interest test questions ' Is it in the public interest to prosecute.]]> 2016-11-29 11:23:05 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140452492 Evidential Test 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140454490 A case has to pass the evidential test in order to move onto the public interest test. however, if the case cannot pass the evidential test then the case will go no further.
    For a case to pass the evidential test, the CPS must be satisfied that there is a realistic prospect of conviction. this is and objective test and requires the evidence to be sufficient, reliable and admissible.]]>     2016-11-29 11:34:33 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140454490     Unreliable evidence: 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140456333 Some evidence is considered unreliable, evidence such as: 
    • Blurred CCTV
    • estimony of a child
    • Confession obtained by oppression.
    This type of evidence would be inadmissible in court.
    ]]>     2016-11-29 11:44:27 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140456333     Reliable evidence: 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140457953 there are forms of reliable evidence, such as:
    • DNA
    • Voluntary confession
    • Eyewitness from the scene of the crime.
    This type of evidence is admissible in court.
    ]]>     2016-11-29 11:53:11 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140457953     Public interest test 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140461909 The Crown Prosecution has a set of question that allow then to identify and determine the relevance of public interest. There are 7 main questions that they will consider when making this decision.]]> 2016-11-29 12:18:41 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140461909 The key questions: 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140463712 1) The Crown Prosecutors buts first consider how serious the offence is and if the serious they will most likely prosecute.
    2) They must also look at culpability of the suspect meaning how responsible they are for the wrong doing or how blame worthy the suspect is.
    3)The circumstances of the victim are highly relevant. The greater the vulnerability of the victim, the more likely it is that a prosecution is required. This includes where a position of trust or authority exists between the suspect and victim.
    4)The criminal justice system treats children and young people differently from adults and significant weight must be attached to the age of the suspect if they are a child or young person under 18. The best interests and welfare of the child or young person must be considered including whether a prosecution is likely to have an adverse impact on his or her future prospects that is disproportionate to the seriousness of the offending
    5)The greater the impact of the offending on the community, the more likely it is that a prosecution is required. In considering this question, prosecutors should have regard to how community is an inclusive term and is not restricted to communities defined by location.
    6)Prosecutors should also consider whether prosecution is proportionate to the likely outcome, within that they will consider the cost to the CPS prosecution service and the wider criminal justice system and try to avoid excessively long and complex proceedings.
    7)In cases where public interest immunity does not apply, special care should be taken when proceeding with a prosecution where details may need to be made public that could harm sources of information]]>     2016-11-29 12:27:51 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140463712     What is Culpability? 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140466500 Culpability is likely to be determined by the suspect's level of involvement; the extent to which the offending was premeditated and/or planned; whether they have previous criminal convictions and/or out-of-court disposals and any offending whilst on bail; or whilst subject to a court order; whether the offending was or is likely to be continued, repeated or escalated; and the suspect's age or maturity.(suspects under 18)]]> 2016-11-29 12:41:58 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140466500 The Threshold Test 297474 https://padlet.com/297474/sx2qv1kz73hh/wish/140472181 if the CPS decide that the Full Code test fails in that there isn't enough evidence but the suspect is too dangerous to release then the Threshold test will be applied.
    when f the suspect will be charged they will question ' Is there a reasonable suspicion that  the person arrested has committed the offence in question?' and ' is there realistic prospect of conviction?' 
    if both parts of the test is are satisfied then the CPS will continue to the public interest test , which wiil be kept under review.]]>     2016-11-29 13:03:12 UTC https://padlet.com/297474/sx2qv1kz73hh/wish/140472181