stream They should ensure that the appropriate evidential standard for the specific out-of-court disposal is met including, where required, a clear admission of guilt, and that the public interest would be properly served by such a disposal. The prosecutor should be proactive to secure from the police the identified outstanding evidence or other material in accordance with an agreed timetable. 3.7 Parliament has decided that a limited number of offences should only be taken to court with the agreement of the DPP. 3.2 The police and other investigators are responsible for conducting inquiries into any alleged crime and for deciding how to deploy their resources. %PDF-1.6 %���� Prosecutors must have regard to the principal aim of the youth justice system, which is to prevent offending by children and young people. Prosecutors are bound by the duties set out in this legislation. 4.6 Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge*. This includes what becomes known of the defence case, any further reasonable lines of inquiry that should be pursued, and receipt of any unused material that may undermine the prosecution case or assist the defence case, to the extent that charges should be altered or discontinued or the prosecution should not proceed. 1.2 The DPP is the head of the Crown Prosecution Service (CPS), which is the principal public prosecution service for England and Wales. 102 Petty France, The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. The Code is issued primarily for private prosecutors and their advisors but may also be of assistance to other participants in the process. Crown Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant. But prosecutors should consider the effect of any likely delay if a case is sent to the Crown Court, including the possible effect on any victim or witness. 2.11 The CPS prosecutes on behalf of some other Government departments. Is there enough evidence against the defendant? 4.8 When deciding whether there is sufficient evidence to prosecute, prosecutors should ask themselves the following: Prosecutors should consider whether there is any question over the admissibility of certain evidence. This includes where a position of trust or authority exists between the suspect and victim. Provides information and assistance to victims and prosecution witnesses. All currently-available translations of the new Code can be found below. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This is the eighth edition of the Code and replaces all earlier versions. However, prosecutors must have regard to the impact of any failure to pursue an advised reasonable line of inquiry or to comply with a request for information, when deciding whether the application of the Full Code Test should be deferred or whether the test can be met at all. Prosecutors should advise the police and other investigators about possible reasonable lines of inquiry, evidential requirements, pre-charge procedures, disclosure management and the overall investigation strategy. 2.8 Prosecutors must be even-handed in their approach to every case, and have a duty to protect the rights of suspects and defendants, while providing the best possible service to victims. 2.1 . The Code gives guidance to private prosecutors, and to those who advise, assist or act on their behalf, on the general principles to be applied when making decisions about private prosecutions. (in other words, is there sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge). 2.2 It is not the function of the CPS to decide whether a person is guilty of a criminal offence, but to make assessments about whether it is appropriate to present charges for the criminal court to consider. It is more likely that prosecution is required if the offence was motivated by any form of prejudice against the victim’s actual or presumed ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity; or if the suspect targeted or exploited the victim, or demonstrated hostility towards the victim, based on any of those characteristics. Chief Crown Prosecutor for the East Midlands, Janine Smith, wrote to the 19-year-old motorcyclist’s family just before the anniversary of the CPS’s charging decision, to say she was “satisfied that there remains sufficient evidence for a realistic prospect of conviction.” 7.2 Prosecutors must follow any relevant guidance when asked to advise on or authorise an out-of-court disposal, including any appropriate regulatory proceedings, a punitive or civil penalty, or other disposal. The youths, who cannot be named for legal reasons…, RT @CPSWestMids: A man who drove on the wrong side of the road when he struck and killed a pedestrian has been jailed for six years and nin…, CPS London has held its first ever joint Independent Sexual Violence Advisors (ISVAs) Day bringing together profess…, RT @CPSWestMids: A man who raped an elderly woman after entering her house at night has been jailed for 13 years and eight months. cases involving a death in which a review following the findings of an inquest concludes that a prosecution should be brought, notwithstanding any earlier decision not to prosecute. A Code for Crown Prosecutors, under the Act, stipulates that decisions taken by the CPS must be "fair and consistent", based on a two tier test of evidential sufficiency and public policy. 1.3 … It means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. A finding of guilt can only be made by a court. 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. As the principal prosecuting authority in England and Wales, it is responsible for: advising the police on cases for possible prosecution; In the same way, they should never proceed with a more serious charge just to encourage a defendant to plead guilty to a less serious one. Code for Crown Prosecutors Before charging a defendant and proceeding with a prosecution, Crown Prosecutors must first review each case against the Code for Crown Prosecutors. In such cases, prosecutors should have regard to any relevant enforcement policies of those departments. Prosecutors and investigators work closely together, but the final responsibility for the decision whether or not a case should go ahead rests with the CPS. It is essential that such cases are kept under continuing review. 3.4 Prosecutors should identify and, where possible, seek to rectify evidential weaknesses but, subject to the Threshold Test (see section 5), they should quickly stop cases which do not meet the evidential stage of the Full Code Test (see section 4) and which cannot be strengthened by further investigation, or where the public interest clearly does not require a prosecution (see section 4). enable the case to be presented in a clear and simple way. Prosecutors must ensure that the law is properly applied, that relevant evidence is put before the court and that obligations of disclosure are complied with. 8.4 Prosecutors must bear in mind that children and young people (under 18s) should be tried in the youth court wherever possible. 4.9 In every case where there is sufficient evidence to justify a prosecution or to offer an out-of-court disposal, prosecutors must go on to consider whether a prosecution is required in the public interest. The first stage requires there to be sufficient evidence for the prosecutor to consider … 3.1 In more serious or complex cases, prosecutors decide whether a person should be charged with a criminal offence and, if so, what that offence should be. The Crown Prosecution Service (CPS) has published a revised Code for Crown Prosecutors, which came into force on 26 October.The MA responded to the consultation on the draft code, welcoming many of the changes, including the changes in definitions and language which make the document more transparent and accessible. 2.3 Similarly, a decision not to bring criminal charges does not necessarily mean that an individual has not been a victim of crime. The Code for Crown Prosecutors (“ Code ”) sets out the general principles crown prosecutors should follow when deciding whether to prosecute a case. what you think by taking our short survey, RT @CPSWestMids: Three teenagers have been sentenced for the murder of a 15-year-old boy. 5.10 Prosecutors must apply the public interest stage of the Full Code Test based on the information available at that time. It is not the role of the CPS to make such determinations. Evidence of impact on a community may be obtained by way of a Community Impact Statement. This guidance is used to make decisions in criminal cases, in conjunction with the Code for Crown Prosecutors. The CPS sits under the Superintendence of the Attorney General and is headed by the Director of Public Prosecutions (DPP). Prosecutors must be free to carry out their professional duties without political interference and must not be affected by improper or undue pressure or influence from any source. Prosecutors should consider whether there are any reasons to doubt the credibility of the evidence. Casework decisions taken fairly, impartially and with integrity help to secure justice for victims, witnesses, suspects, defendants and the public. 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 their future prospects that is disproportionate to the seriousness of the offending. However, there will be cases where it is clear, prior to reviewing all the evidence, that the public interest does not require a prosecution. Review is a continuing process and prosecutors must take account of any change in circumstances that occurs as the case develops. Prosecutors may also advise on or authorise out-of-court disposals as an alternative to prosecution. cases where a further review of the original decision shows that it was wrong and, in order to maintain confidence in the criminal justice system, a prosecution should be brought despite the earlier decision; cases which are stopped so that further anticipated evidence, which is likely to become available in the fairly near future, can be collected and prepared. Prosecutors should take into account the views expressed by the victim about the impact that the offence has had. 5 . © Copyright 2017 CPS. The CPS is independent of government. However, the decision rests with the prosecutor. In these cases, the prosecutor will tell the defendant that the prosecution may well start again; cases which are not prosecuted or are stopped because of a lack of evidence but where more significant evidence is discovered later; and. Prosecutors must be fair, objective and independent. 1.2 The DPP is the head of the Crown Prosecution Service (CPS), which is the principal public prosecution service for England and Wales. The DPP operates independently, under the superintendence of the Attorney General who is accountable to Parliament for the work of the CPS. when all outstanding reasonable lines of inquiry have been pursued; or. This can include decisions to refine or narrow the scope of the criminal conduct and the number of suspects under investigation. These include where: the suspect’s past record suggests that there are no suitable alternatives to prosecution; and. Normally, if the CPS tells a suspect or defendant that there will not be a prosecution, or that the prosecution has been stopped, the case will not start again. 4.7 The finding that there is a realistic prospect of conviction is based on the prosecutor’s objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. 893 0 obj <> endobj The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. government's services and See further the CPS Domestic Abuse Guidelines for Prosecutors. 9.2 Prosecutors should only accept the defendant’s plea if: 9.3 Particular care must be taken when considering pleas which would enable the defendant to avoid the imposition of a mandatory minimum sentence. the likelihood of that evidence being held as inadmissible by the court; and. The police apply the same principles in deciding whether to start criminal proceedings against a person in those cases for which they are responsible. 1.1The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. 2.12 Some offences may be prosecuted by either the CPS or by other prosecutors in England and Wales. The assessment must consider the impact of any defence or information that the suspect has put forward or on which they might rely. It provides guidance to prosecutors and paralegal staff in relation to many criminal offences and procedural issues. Culpability is likely to be determined by: the extent to which the offending was premeditated and/or planned; the extent to which the suspect has benefitted from criminal conduct; whether the suspect has 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; the suspect’s age and maturity (see paragraph d below). information online. 2.13 Where the law differs in England and Wales prosecutors must apply the Code and have regard to any relevant policy, guidance or charging standard. “The decision has been made in accordance with the code for crown prosecutors. 8.3 Prosecutors should bear in mind that if confiscation proceedings are required, these may only take place in the Crown Court. Community is not restricted to communities defined by location and may relate to a group of people who share certain characteristics, experiences or backgrounds, including an occupational group. The CPS prosecutes independently, without bias and works to deliver justice in every case. They must comply with any guidelines issued by the Attorney General and with the policies and guidance of the CPS issued on behalf of the DPP, unless it is determined that there are exceptional circumstances. Prosecutors must also have regard to the obligations arising under the United Nations 1989 Convention on the Rights of the Child. 4.5 Prosecutors should only take such a decision when they are satisfied that the broad extent of the criminality has been determined and that they are able to make a fully informed assessment of the public interest. The circumstances of the victim are highly relevant. 3.8 There are also certain offences that can only be taken to court with the consent of the Attorney General. Prosecutors should also have regard to whether the suspect is, or was at the time of the offence, affected by any significant mental or physical ill health or disability, as in some circumstances this may mean that it is less likely that a prosecution is required. 9.4 Prosecutors must never accept a guilty plea just because it is convenient. The Code for Crown Prosecutors sets out the approach to making a decision to prosecute, and keeping that decision under review. The prevalence of an offence in a community may cause particular harm to that community, increasing the seriousness of the offending. For example, a dangerous suspect who poses a serious risk of harm to a particular person or the public, or a suspect who poses a serious risk of absconding or interfering with witnesses. This is a different test from the one that the criminal courts themselves must apply. The Full Code Test has two stages: (i) deciding whether there is sufficient evidence to provide a realistic prospect of conviction, and (ii) the public interest test. 5.6 The likely further evidence must be identifiable and not merely speculative. 6.4 Prosecutors should not change the charge simply because of the decision made by the court or the defendant about where the case will be heard. 5.11 A decision to charge under the Threshold Test must be kept under review. the importance of that evidence in relation to the evidence as a whole. - CPS is now based in police stations in Criminal Justice Units, promoting 'joined up working' and collaborations. The Crown Prosecution Service (CPS) was established in 1986 to prosecute criminal cases that have been investigated by the police and other investigative organisations in England and Wales. However, there may be circumstances which mean that, notwithstanding the fact that the suspect is under 18 or lacks maturity, a prosecution is in the public interest. Equality and diversity is fundamental to delivering fair prosecutions, achieving equitable employment practice and building the confidence of all the communities we serve. Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction. The Code, issued by the Director for Public Prosecutions (“ DPP ”), is updated from time to time to ensure that it remains an effective tool for crown prosecutors when making their decisions. The CPS makes independent charging decisions, in accordance with The Code for Crown Prosecutors, and the Director’s Guidance on Charging (DGC) and related CPS policy. 3.5 Prosecutors should not start or continue a prosecution where their view is that it is highly likely that a court will rule that a prosecution is an abuse of its process, and stay the proceedings. 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. endstream endobj startxref If prosecutors do not have sufficient information to take such a decision, the investigation should continue and a decision taken later in accordance with the Full Code Test set out in this section. “Suspect” is used to describe a person who is under consideration as the subject of formal criminal proceedings; “Defendant” is used to describe a person who has been charged or summonsed; “Offender” is used to describe a person who has admitted guilt as to the commission of an offence, or who has been found guilty in a court of law; “Victim” is used to describe a person against whom an offence has been committed, or the complainant in a case being considered or prosecuted by the CPS. 3.6 Prosecutors review every case they receive from the police or other investigators. A prosecution will usually take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour. 8.2 Speed must never be the only reason for asking for a case to stay in the magistrates’ court. As a starting point, the younger the suspect, the less likely it is that a prosecution is required. The greater the suspect’s level of culpability, the more likely it is that a prosecution is required. prior to the investigation being completed, if the prosecutor is satisfied that any further evidence or material is unlikely to affect the application of the Full Code Test, whether in favour of or against a prosecution. A major Government review of rape has been delayed amid oncerns that the Crown Prosecution Service (CPS) could be found to have unlawfully abandoned "weak" cases in … 4.3 The Full Code Test should be applied: 4.4 In most cases prosecutors should only consider whether a prosecution is in the public interest after considering whether there is sufficient evidence to prosecute. Prosecutors must obtain such consent prior to charge and apply any relevant guidance in these cases. The weight to be attached to each of the questions, and the factors identified, will also vary according to the facts and merits of each case. The Crown Prosecutor must therefore take the Threshold Test seriously and pass the five conditions, so that the case can reach the Full Code Test quickly. 8.1 Prosecutors must have regard to the guidelines on sentencing and allocation when making submissions to the magistrates’ court about where the defendant should be tried. But occasionally there are cases where the CPS will overturn a decision not to prosecute or to deal with the case by way of an out-of-court disposal or when it will restart the prosecution, particularly if the case is serious. 4.1 Prosecutors must only start or continue a prosecution when the case has passed both stages of the Full Code Test. All five conditions must be met before the Threshold Test can be applied. The more vulnerable the victim’s situation, or the greater the perceived vulnerability of the victim, the more likely it is that a prosecution is required. In some cases the prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution. These are called consent cases. GOV.UK is the place to find 902 0 obj <>/Filter/FlateDecode/ID[<9CCFC216C30FFE45AFDCDD10A849D81A>]/Index[893 20]/Info 892 0 R/Length 62/Prev 140131/Root 894 0 R/Size 913/Type/XRef/W[1 2 1]>>stream 9.6 It must be made clear to the court on what basis any plea is advanced and accepted. Human Rights Act The CPS is a public authority for the purposes of the Human Rights Act 1998. In doing so, prosecutors should assess: Prosecutors should consider whether there are any reasons to question the reliability of the evidence, including its accuracy or integrity. 9.7 Where a defendant has previously indicated that they will ask the court to take an offence into consideration when sentencing, but then declines to admit that offence at court, prosecutors will consider whether a prosecution is required for that offence. For a case to stay in the opposite direction circumstances as the case should not proceed, no matter serious. 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cps code for crown prosecutors

2.7 When making decisions, prosecutors must be fair and objective. London, SW1H 9EA. A review of standards in the Crown Prosecution Service (CPS) found prosecutors were making "errors of analysis and judgment" which led to 7% … Client engagement . The seriousness or circumstances of the case must justify the making of an immediate charging decision, and there must be substantial grounds to object to bail. 3. 10.1 People should be able to rely on decisions taken by the CPS. 5.9 This determination must be based on a proper risk assessment, which reveals that the suspect is not suitable to be bailed, even with substantial conditions. Prosecutors should not decide the public interest on the basis of this factor alone. In these instances, prosecutors may decide that the case should not proceed further. In appropriate cases, the prosecutor may invite the suspect or their representative to do so. provides information, assistance and support to victims and prosecution witnesses. endstream endobj 894 0 obj <. A revised Code for Crown prosecutors was published in 2000 to satisfy the requirements of the Human Rights Act 1998. About the CPS: The Crown Prosecution Service is the government department responsible for prosecuting criminal cases investigated by the police in England and Wales. 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. - A revised code for Crown Prosecutors was published with detailed guidance on evidential test, making sure witnesses were reliable. However, prosecutors will also need to consider how serious the offence was, whether the suspect is likely to re-offend and the need to safeguard the public or those providing care to such persons. MORE: ht…. 5.3 Prosecutors must be satisfied, on an objective assessment of the evidence, that there are reasonable grounds to suspect that the person to be charged has committed the offence. A prosecution is also more likely if the offence has been committed against a victim who was at the time a person serving the public. The Crown Prosecution Service (CPS) For the CPS, equality and diversity is about more than just meeting our statutory requirements. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour. Prosecutors must follow current guidance when referring any such cases to the Attorney General. CPS prosecutors are also independent from the police and other investigators. If a case is to be stopped, care should be taken when choosing the method of termination, as this can affect the victim’s position under the Victims' Right to Review scheme. The greater the impact of the offending on the community, the more likely it is that a prosecution is required. THE PRESIDENT OF THE QUEEN'S BENCH DIVISION : 1. It is the court which is best designed to meet their specific needs. 2.5 It is the duty of prosecutors to make sure that the right person is prosecuted for the right offence and to bring offenders to justice wherever possible. Our duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to justice wherever possible. put into an admissible format for presentation in court; the nature, extent and admissibility of any likely further evidence and the impact it will have on the case; the charges that all the evidence will support; the reasons why the evidence is not already available; the time required to obtain the further evidence, including whether it could be obtained within any available detention period; whether the delay in applying the Full Code Test is reasonable in all the circumstances. PPA Code for Private Prosecutors edition 1.1 revised 30.07.19. the court is able to pass a sentence that matches the seriousness of the offending, particularly where there are aggravating features; it enables the court to make a confiscation order in appropriate cases, where a defendant has benefitted from criminal conduct; it provides the court with adequate powers to impose other ancillary orders, bearing in mind that these can be made with some offences but not with others. 2.10 Prosecutors must apply the principles of the European Convention on Human Rights, in accordance with the Human Rights Act 1998, at each stage of a case. CPS guidance contains further evidential and public interest factors for specific offences and offenders and is available for the public to view on the CPS website. All rights reserved. Those principles 4. The questions identified are not exhaustive, and not all the questions may be relevant in every case. 912 0 obj <>stream They should ensure that the appropriate evidential standard for the specific out-of-court disposal is met including, where required, a clear admission of guilt, and that the public interest would be properly served by such a disposal. The prosecutor should be proactive to secure from the police the identified outstanding evidence or other material in accordance with an agreed timetable. 3.7 Parliament has decided that a limited number of offences should only be taken to court with the agreement of the DPP. 3.2 The police and other investigators are responsible for conducting inquiries into any alleged crime and for deciding how to deploy their resources. %PDF-1.6 %���� Prosecutors must have regard to the principal aim of the youth justice system, which is to prevent offending by children and young people. Prosecutors are bound by the duties set out in this legislation. 4.6 Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge*. This includes what becomes known of the defence case, any further reasonable lines of inquiry that should be pursued, and receipt of any unused material that may undermine the prosecution case or assist the defence case, to the extent that charges should be altered or discontinued or the prosecution should not proceed. 1.2 The DPP is the head of the Crown Prosecution Service (CPS), which is the principal public prosecution service for England and Wales. 102 Petty France, The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. The Code is issued primarily for private prosecutors and their advisors but may also be of assistance to other participants in the process. Crown Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant. But prosecutors should consider the effect of any likely delay if a case is sent to the Crown Court, including the possible effect on any victim or witness. 2.11 The CPS prosecutes on behalf of some other Government departments. Is there enough evidence against the defendant? 4.8 When deciding whether there is sufficient evidence to prosecute, prosecutors should ask themselves the following: Prosecutors should consider whether there is any question over the admissibility of certain evidence. This includes where a position of trust or authority exists between the suspect and victim. Provides information and assistance to victims and prosecution witnesses. All currently-available translations of the new Code can be found below. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This is the eighth edition of the Code and replaces all earlier versions. However, prosecutors must have regard to the impact of any failure to pursue an advised reasonable line of inquiry or to comply with a request for information, when deciding whether the application of the Full Code Test should be deferred or whether the test can be met at all. Prosecutors should advise the police and other investigators about possible reasonable lines of inquiry, evidential requirements, pre-charge procedures, disclosure management and the overall investigation strategy. 2.8 Prosecutors must be even-handed in their approach to every case, and have a duty to protect the rights of suspects and defendants, while providing the best possible service to victims. 2.1 . The Code gives guidance to private prosecutors, and to those who advise, assist or act on their behalf, on the general principles to be applied when making decisions about private prosecutions. (in other words, is there sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge). 2.2 It is not the function of the CPS to decide whether a person is guilty of a criminal offence, but to make assessments about whether it is appropriate to present charges for the criminal court to consider. It is more likely that prosecution is required if the offence was motivated by any form of prejudice against the victim’s actual or presumed ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity; or if the suspect targeted or exploited the victim, or demonstrated hostility towards the victim, based on any of those characteristics. Chief Crown Prosecutor for the East Midlands, Janine Smith, wrote to the 19-year-old motorcyclist’s family just before the anniversary of the CPS’s charging decision, to say she was “satisfied that there remains sufficient evidence for a realistic prospect of conviction.” 7.2 Prosecutors must follow any relevant guidance when asked to advise on or authorise an out-of-court disposal, including any appropriate regulatory proceedings, a punitive or civil penalty, or other disposal. The youths, who cannot be named for legal reasons…, RT @CPSWestMids: A man who drove on the wrong side of the road when he struck and killed a pedestrian has been jailed for six years and nin…, CPS London has held its first ever joint Independent Sexual Violence Advisors (ISVAs) Day bringing together profess…, RT @CPSWestMids: A man who raped an elderly woman after entering her house at night has been jailed for 13 years and eight months. cases involving a death in which a review following the findings of an inquest concludes that a prosecution should be brought, notwithstanding any earlier decision not to prosecute. A Code for Crown Prosecutors, under the Act, stipulates that decisions taken by the CPS must be "fair and consistent", based on a two tier test of evidential sufficiency and public policy. 1.3 … It means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. A finding of guilt can only be made by a court. 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. As the principal prosecuting authority in England and Wales, it is responsible for: advising the police on cases for possible prosecution; In the same way, they should never proceed with a more serious charge just to encourage a defendant to plead guilty to a less serious one. Code for Crown Prosecutors Before charging a defendant and proceeding with a prosecution, Crown Prosecutors must first review each case against the Code for Crown Prosecutors. In such cases, prosecutors should have regard to any relevant enforcement policies of those departments. Prosecutors and investigators work closely together, but the final responsibility for the decision whether or not a case should go ahead rests with the CPS. It is essential that such cases are kept under continuing review. 3.4 Prosecutors should identify and, where possible, seek to rectify evidential weaknesses but, subject to the Threshold Test (see section 5), they should quickly stop cases which do not meet the evidential stage of the Full Code Test (see section 4) and which cannot be strengthened by further investigation, or where the public interest clearly does not require a prosecution (see section 4). enable the case to be presented in a clear and simple way. Prosecutors must ensure that the law is properly applied, that relevant evidence is put before the court and that obligations of disclosure are complied with. 8.4 Prosecutors must bear in mind that children and young people (under 18s) should be tried in the youth court wherever possible. 4.9 In every case where there is sufficient evidence to justify a prosecution or to offer an out-of-court disposal, prosecutors must go on to consider whether a prosecution is required in the public interest. The first stage requires there to be sufficient evidence for the prosecutor to consider … 3.1 In more serious or complex cases, prosecutors decide whether a person should be charged with a criminal offence and, if so, what that offence should be. The Crown Prosecution Service (CPS) has published a revised Code for Crown Prosecutors, which came into force on 26 October.The MA responded to the consultation on the draft code, welcoming many of the changes, including the changes in definitions and language which make the document more transparent and accessible. 2.3 Similarly, a decision not to bring criminal charges does not necessarily mean that an individual has not been a victim of crime. The Code for Crown Prosecutors (“ Code ”) sets out the general principles crown prosecutors should follow when deciding whether to prosecute a case. what you think by taking our short survey, RT @CPSWestMids: Three teenagers have been sentenced for the murder of a 15-year-old boy. 5.10 Prosecutors must apply the public interest stage of the Full Code Test based on the information available at that time. It is not the role of the CPS to make such determinations. Evidence of impact on a community may be obtained by way of a Community Impact Statement. This guidance is used to make decisions in criminal cases, in conjunction with the Code for Crown Prosecutors. The CPS sits under the Superintendence of the Attorney General and is headed by the Director of Public Prosecutions (DPP). Prosecutors must be free to carry out their professional duties without political interference and must not be affected by improper or undue pressure or influence from any source. Prosecutors should consider whether there are any reasons to doubt the credibility of the evidence. Casework decisions taken fairly, impartially and with integrity help to secure justice for victims, witnesses, suspects, defendants and the public. 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 their future prospects that is disproportionate to the seriousness of the offending. However, there will be cases where it is clear, prior to reviewing all the evidence, that the public interest does not require a prosecution. Review is a continuing process and prosecutors must take account of any change in circumstances that occurs as the case develops. Prosecutors may also advise on or authorise out-of-court disposals as an alternative to prosecution. cases where a further review of the original decision shows that it was wrong and, in order to maintain confidence in the criminal justice system, a prosecution should be brought despite the earlier decision; cases which are stopped so that further anticipated evidence, which is likely to become available in the fairly near future, can be collected and prepared. Prosecutors should take into account the views expressed by the victim about the impact that the offence has had. 5 . © Copyright 2017 CPS. The CPS is independent of government. However, the decision rests with the prosecutor. In these cases, the prosecutor will tell the defendant that the prosecution may well start again; cases which are not prosecuted or are stopped because of a lack of evidence but where more significant evidence is discovered later; and. Prosecutors must be fair, objective and independent. 1.2 The DPP is the head of the Crown Prosecution Service (CPS), which is the principal public prosecution service for England and Wales. The DPP operates independently, under the superintendence of the Attorney General who is accountable to Parliament for the work of the CPS. when all outstanding reasonable lines of inquiry have been pursued; or. This can include decisions to refine or narrow the scope of the criminal conduct and the number of suspects under investigation. These include where: the suspect’s past record suggests that there are no suitable alternatives to prosecution; and. Normally, if the CPS tells a suspect or defendant that there will not be a prosecution, or that the prosecution has been stopped, the case will not start again. 4.7 The finding that there is a realistic prospect of conviction is based on the prosecutor’s objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. 893 0 obj <> endobj The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. government's services and See further the CPS Domestic Abuse Guidelines for Prosecutors. 9.2 Prosecutors should only accept the defendant’s plea if: 9.3 Particular care must be taken when considering pleas which would enable the defendant to avoid the imposition of a mandatory minimum sentence. the likelihood of that evidence being held as inadmissible by the court; and. The police apply the same principles in deciding whether to start criminal proceedings against a person in those cases for which they are responsible. 1.1The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. 2.12 Some offences may be prosecuted by either the CPS or by other prosecutors in England and Wales. The assessment must consider the impact of any defence or information that the suspect has put forward or on which they might rely. It provides guidance to prosecutors and paralegal staff in relation to many criminal offences and procedural issues. Culpability is likely to be determined by: the extent to which the offending was premeditated and/or planned; the extent to which the suspect has benefitted from criminal conduct; whether the suspect has 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; the suspect’s age and maturity (see paragraph d below). information online. 2.13 Where the law differs in England and Wales prosecutors must apply the Code and have regard to any relevant policy, guidance or charging standard. “The decision has been made in accordance with the code for crown prosecutors. 8.3 Prosecutors should bear in mind that if confiscation proceedings are required, these may only take place in the Crown Court. Community is not restricted to communities defined by location and may relate to a group of people who share certain characteristics, experiences or backgrounds, including an occupational group. The CPS prosecutes independently, without bias and works to deliver justice in every case. They must comply with any guidelines issued by the Attorney General and with the policies and guidance of the CPS issued on behalf of the DPP, unless it is determined that there are exceptional circumstances. Prosecutors must also have regard to the obligations arising under the United Nations 1989 Convention on the Rights of the Child. 4.5 Prosecutors should only take such a decision when they are satisfied that the broad extent of the criminality has been determined and that they are able to make a fully informed assessment of the public interest. The circumstances of the victim are highly relevant. 3.8 There are also certain offences that can only be taken to court with the consent of the Attorney General. Prosecutors should also have regard to whether the suspect is, or was at the time of the offence, affected by any significant mental or physical ill health or disability, as in some circumstances this may mean that it is less likely that a prosecution is required. 9.4 Prosecutors must never accept a guilty plea just because it is convenient. The Code for Crown Prosecutors sets out the approach to making a decision to prosecute, and keeping that decision under review. The prevalence of an offence in a community may cause particular harm to that community, increasing the seriousness of the offending. For example, a dangerous suspect who poses a serious risk of harm to a particular person or the public, or a suspect who poses a serious risk of absconding or interfering with witnesses. This is a different test from the one that the criminal courts themselves must apply. The Full Code Test has two stages: (i) deciding whether there is sufficient evidence to provide a realistic prospect of conviction, and (ii) the public interest test. 5.6 The likely further evidence must be identifiable and not merely speculative. 6.4 Prosecutors should not change the charge simply because of the decision made by the court or the defendant about where the case will be heard. 5.11 A decision to charge under the Threshold Test must be kept under review. the importance of that evidence in relation to the evidence as a whole. - CPS is now based in police stations in Criminal Justice Units, promoting 'joined up working' and collaborations. The Crown Prosecution Service (CPS) was established in 1986 to prosecute criminal cases that have been investigated by the police and other investigative organisations in England and Wales. However, there may be circumstances which mean that, notwithstanding the fact that the suspect is under 18 or lacks maturity, a prosecution is in the public interest. Equality and diversity is fundamental to delivering fair prosecutions, achieving equitable employment practice and building the confidence of all the communities we serve. Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction. The Code, issued by the Director for Public Prosecutions (“ DPP ”), is updated from time to time to ensure that it remains an effective tool for crown prosecutors when making their decisions. The CPS makes independent charging decisions, in accordance with The Code for Crown Prosecutors, and the Director’s Guidance on Charging (DGC) and related CPS policy. 3.5 Prosecutors should not start or continue a prosecution where their view is that it is highly likely that a court will rule that a prosecution is an abuse of its process, and stay the proceedings. 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. endstream endobj startxref If prosecutors do not have sufficient information to take such a decision, the investigation should continue and a decision taken later in accordance with the Full Code Test set out in this section. “Suspect” is used to describe a person who is under consideration as the subject of formal criminal proceedings; “Defendant” is used to describe a person who has been charged or summonsed; “Offender” is used to describe a person who has admitted guilt as to the commission of an offence, or who has been found guilty in a court of law; “Victim” is used to describe a person against whom an offence has been committed, or the complainant in a case being considered or prosecuted by the CPS. 3.6 Prosecutors review every case they receive from the police or other investigators. A prosecution will usually take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour. 8.2 Speed must never be the only reason for asking for a case to stay in the magistrates’ court. As a starting point, the younger the suspect, the less likely it is that a prosecution is required. The greater the suspect’s level of culpability, the more likely it is that a prosecution is required. prior to the investigation being completed, if the prosecutor is satisfied that any further evidence or material is unlikely to affect the application of the Full Code Test, whether in favour of or against a prosecution. A major Government review of rape has been delayed amid oncerns that the Crown Prosecution Service (CPS) could be found to have unlawfully abandoned "weak" cases in … 4.3 The Full Code Test should be applied: 4.4 In most cases prosecutors should only consider whether a prosecution is in the public interest after considering whether there is sufficient evidence to prosecute. Prosecutors must obtain such consent prior to charge and apply any relevant guidance in these cases. The weight to be attached to each of the questions, and the factors identified, will also vary according to the facts and merits of each case. The Crown Prosecutor must therefore take the Threshold Test seriously and pass the five conditions, so that the case can reach the Full Code Test quickly. 8.1 Prosecutors must have regard to the guidelines on sentencing and allocation when making submissions to the magistrates’ court about where the defendant should be tried. But occasionally there are cases where the CPS will overturn a decision not to prosecute or to deal with the case by way of an out-of-court disposal or when it will restart the prosecution, particularly if the case is serious. 4.1 Prosecutors must only start or continue a prosecution when the case has passed both stages of the Full Code Test. All five conditions must be met before the Threshold Test can be applied. The more vulnerable the victim’s situation, or the greater the perceived vulnerability of the victim, the more likely it is that a prosecution is required. In some cases the prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution. These are called consent cases. GOV.UK is the place to find 902 0 obj <>/Filter/FlateDecode/ID[<9CCFC216C30FFE45AFDCDD10A849D81A>]/Index[893 20]/Info 892 0 R/Length 62/Prev 140131/Root 894 0 R/Size 913/Type/XRef/W[1 2 1]>>stream 9.6 It must be made clear to the court on what basis any plea is advanced and accepted. Human Rights Act The CPS is a public authority for the purposes of the Human Rights Act 1998. In doing so, prosecutors should assess: Prosecutors should consider whether there are any reasons to question the reliability of the evidence, including its accuracy or integrity. 9.7 Where a defendant has previously indicated that they will ask the court to take an offence into consideration when sentencing, but then declines to admit that offence at court, prosecutors will consider whether a prosecution is required for that offence. For a case to stay in the opposite direction circumstances as the case should not proceed, no matter serious. 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