In this blog post, we will be looking at the role of the Crown Prosecution Service (CPS) and how it helps the justice system in England and Wales. We will start by looking at what the CPS is and how it works, then move on to look at why it is so important.
What is the CPS?
The CPS is the Crown Prosecution Service in England and Wales. It brings criminal cases to court that have been investigated by the police or other investigative services. It is an independent body and works apart from the government and police to ensure it is neutral.
The CPS is responsible for deciding which cases should be prosecuted and what the appropriate charges are in more complex cases, as well as advising the police in the early stages of an investigation. In addition, the CPS prepares cases and presents them at court. It also provides information, assistance and support to victims and prosecution witnesses.
Prosecutors follow the Code for Crown Prosecutors and must be fair, objective and independent. There are two stages in the Code before they decide to bring a case, evidential and public interest. In the evidential stage, they must be satisfied that there is sufficient evidence for there to be a realistic prospect of conviction.
This is an objective test that asks whether a jury or bench of magistrates (depending on the court the case is heard in) would be more likely than not to convict the defendant. This should not be confused with the test used by juries and magistrates to decide the defendant’s guilt, which must be proved beyond reasonable doubt.
In deciding whether to bring a case, the prosecutors must also examine the available evidence and determine whether it is reliable and usable in court. In addition, the prosecutors should consider what the defence case will be and how this will affect their own case.
The second stage in the Code for Crown Prosecutors is the public interest stage. The prosecutors will consider whether bringing the case is in the public interest, weighing up the factors for and against. Unless there is a very good reason not to, however, they will usually decide to prosecute.
What are the Advantages?
Independent
One of the primary advantages of the CPS is that it is independent, from both the police and the government. Although it does work closely with both of these, even advising the police in some cases and working with them to bring prosecutions, it remains independent from them in choosing whether or not to prosecute. In addition, the government can’t apply pressure to the CPS to get it to prosecute cases on a political basis.
This independence is vital to ensure a fair justice system. Prosecutions should be done by an independent body to ensure that there is not an ulterior motive to taking a case to court. For example, the police may well know particular people from their day-to-day work who could be prosecuted and be influenced by this knowledge. This would then be a subjective view on whether a prosecution was needed, rather than one that considers each case based on just the facts.
On the other hand, the government may well have a particular political agenda that they want to fulfil when making prosecutions. This can then lead to a disproportionate number of cases being prosecuted in one area, while another area might have fewer prosecutions than expected. In addition, this could change according to which political party is in power and what its policies are. This leads to uncertainty in the law.
Objective
As well as being independent, the CPS also considers cases in the same way every time, regardless of who is involved and who is deciding whether to prosecute. This is due to the Code for Crown Prosecutors, which is used by every prosecutor for every case and makes sure the decision is made objectively.
In addition, the CPS uses the two stages explained above, evidential and public interest. These ensure that set procedures are used to weigh up whether it is worth taking a case to court. This means that the decision should always be the same for similar situations and will not vary according to what a particular prosecutor thinks. Objectivity is important to make sure that cases are evaluated fairly, and that people feel the decisions made by the CPS are just.
Saves Time and Money
As the CPS is a dedicated body for managing prosecutions, it saves time and money by having a streamlined process. It also doesn’t prosecute in cases where there is insufficient evidence or it is not in the public interest, so this eases pressure on the courts. Again, this saves time and money.
Wrapping Up
I hope that this helps you understand the benefits of the CPS. In my next blog post, we will be looking at some of the criticisms of it, so come back in two weeks for that!
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