In my last blog post, we looked at the role of the Crown Prosecution Service (CPS) and how it works, as well as its Code for Crown Prosecutors. In this blog post, we will continue to look at the CPS in more detail, focusing on the Director of Public Prosecutions (DPP), the Board and the committees that advise the CPS. First of all, however, we will quickly review what the CPS is and how it functions.
What is the CPS?
The CPS is the body that prosecutes criminal cases in England and Wales. The vast majority of these will be investigated and put forward by the police, but there may occasionally be cases submitted by other investigative organisations. The CPS is independent, so the police and government have no say in how to proceed with any given case. This helps to keep decisions free of bias and avoids them being influenced by politics.
The CPS decides which cases to prosecute, then prepares these to present in court. It considers what charge is suitable for a particular case, especially in more serious or complex ones. The CPS also advises the police during the early stages of an investigation. Finally, the CPS helps victims of and witnesses to a crime, offering them guidance and assistance with what they need to be doing for the case and giving support where necessary.
Once the CPS has received a case, it will need to decide whether it is worth proceeding to trial. There are two separate stages that the CPS will follow in determining this. Firstly, there is the evidential stage, where the CPS examines the evidence and considers how reliable the evidence is and whether it can be used. It will use this to decide if there is sufficient evidence for there to be a “realistic prospect of conviction” for each charge.
This is an objective test that asks whether a jury or bench of magistrates would be more likely than not to convict based on the evidence available. Remember that this is not the same as the test used in court, where the defendant’s guilt must be shown “beyond reasonable doubt”, a much higher standard of proof.
If a case passes the evidential stage, it will proceed to the public interest stage. Here, Crown Prosecutors will consider whether it is in the public interest to prosecute rather than taking another course of action. They will carefully weigh up the pros and cons of prosecuting and not prosecuting and decide based on this. However, it should be noted that it is rare for a case not to pass the public interest stage; there would have to be very strong reasons not to prosecute.
Director of Public Prosecutions
The Director of Public Prosecutions (DPP) is the highest-ranking official in the CPS, a role which is currently filled by Max Hill QC. They are appointed by the Attorney General but act independently of the government. The role of the DPP was first created by the Prosecution of Offences Act 1979. Originally, the DPP prosecuted only the most serious of cases or those with particular significance, but the role has since been expanded to oversee most criminal cases.
The Board
The CPS Board provides leadership and organisation, as well as ensuring that the CPS meets its objectives. The Board is made up of a non-executive chair, the DPP, the Chief Executive and three other non-executive Board members. The non-executive members are important to give an outside perspective on the work of the CPS, as well as bringing their own knowledge to add to the Board’s.
Audit and Risk Committee
The Audit and Risk Committee is headed up by a Chair (who is also a non-executive Board member) as well as another non-executive Board member and two independent members. This should help to ensure that they give a balanced and impartial report on the CPS. The purpose of the Audit and Risk Committee is to make sure the CPS Board and Accounting Officers have everything they need for risk management, the control environment and financial statements.
Nominations and Governance Committee
The Nominations and Governance Committee (NGC) advises the CPS on how to identify and develop promising members of staff or members, succession planning for the Board and building an incentive structure. It consists of the DPP, two non-executive Board members, the Chief Executive and the Chief People Officer.
Ministerial Strategic Board
The Ministerial Strategic Board (MSB) was jointly formed in March 2019 by the CPS and the Attorney General’s Office Board. It is chaired by the Attorney General, with the rest of the MSB consisting of the Solicitor General, the DPP, the CPS Chief Executive, the CPS Lead Non-Executive Board Member and the Director-General of the Attorney General’s Office. It aims to oversee the CPS and hold them accountable to their strategic objectives.
Wrapping Up
I hope that this helps you to understand the various roles and functions the Board and committees of the CPS fill. In my next blog post, we will be looking at some of the differences between solicitors and barristers, so come back in two weeks for that!
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