what does the crown prosecution service do

There are numerous stages in a criminal trial and at every stage; the CPS plausibly carries the most of the burden. If a Jury provides a judgment of guilt for the murder, then a life imprisonment is compulsory, although this does not actually mean life. It implements the idea that the defendant owes a duty of care to the victim, there has been a breach of that duty and that that breach was so severe that it can be regarded as criminally culpable. Critics suggest that the accusatorial and inquisitorial roles of the CPS are incompatible, giving the CPS an anomalous position of working for the police, at the same time as having to work on them. If the CPS is satisfied that there is enough evidence to prosecute, they will do so either in the magistrates’ court and, if the case needs to go to Crown Court, they will instruct an independent advocate to prosecute for them or, increasingly, they may use their own in-house higher court advocates. London, England. Justice, Slapper, G. & Kelly, D. 2003. But unlike for murder, the defendant will not have had any intention to kill or do GBH; indeed the defendant probably wouldn't have contemplated the death of the victim at all. Crown Prosecution Service need to improve reputation of defence correspondence handling The efficient and effective processing of correspondence to and from the defence can reduce delays in court, save money across the criminal justice system, and improve the service … The job can be enjoyable at times if a little repetitive. R v Franklin (1883) 15 Cox CC 163 10. Such significant participation have brought in, considerable changes but the move appears challenging especially in the establishment of the CPS in the first place. You should take legal advice from a solicitor where appropriate. This has the implication that each individual person arrested for a crime, in spite of his or her status, is legally unrestricted to have an independent and a free legal representative present, prior to the commencement of police interviews. Unlocking the English Legal System, London, England. The defence’s core intentions could be a provision of advisory the defendant. Therefore, a judge has to consider numerous factors prior to passing a sentence. During pre-charge procedures and throughout the investigative and prosecuting process the CPS may assist the police by explaining what additional work or evidence could raise the case to a viable charging standard thereby rectifying any evidential deficiencies. Nevertheless, the Crown Prosecution Service may also be required to update the defence beforehand of the criminal record or bad character, of any witness that they intend to call. (Must include CPS aims and objectives) Tags: See More, See Less 8. Hodder and, [1] The Decision to Prosecute in the UK is governed by the Code for Crown Prosecutors. The Crown Prosecution Service (CPS) is responsible for prosecuting criminal cases investigated by the police in England and Wales on behalf of the State. Furthermore, trials may necessitate adjournment due to the Crown Prosecution Service waiting for evidence in forensic results or supplementary reports. In 2010/11, over 1,000 advocacy assessments were undertaken with over 96% meeting the required standard. Crim. You must be a qualified solicitor or barrister to get into this career. The CPS is headed by the Director of Public Prosecutions (DPP) who is answerable to the Attorney General for England and Wales. The ICAEW is finding the next generation of business leaders. An insight event with law firm RPC. A revised Code for Crown prosecutors was published in 2000 to satisfy the requirements of the Human Rights Act 1998. For instance, it was evident that the Crown Prosecution Service was accountable for over thirty-eight per cent of cases that were dropped in 2004. the involvement and culpability of the suspect; whether the offence was committed against a person serving the public, eg, a nurse, or against a vulnerable person, eg, the elderly or a child; whether the offence was premeditated, carried out by a group or motivated by a form of discrimination; the age of the defendant – the younger the suspect, the less likely it is that a prosecution is required; whether the suspect is, or was at the time of the offence, suffering from any significant mental or physical ill health; whether the defendant has committed similar offences and/or the offending is likely to recur; whether prosecution is proportionate to the likely outcome (cost is an issue, but a prosecution should not be rejected on the grounds of cost alone); whether a prosecution is likely to have an adverse effect on the victim’s physical or mental health; whether details may be made public that could harm sources of information, international relations or national security. Therefore, the witnesses may forget to point out some information (Huxley & Martin, 2008). The Crown Prosecution Service may then re-examine their witnesses, they do this to relieve the consequences of the cross-examination, but it must only deal with the factors that it brought up and not used to generate new evidence. SAMPLE. Poulton (1832) 5 Car. Nevertheless, the reality remains that the CPS must try to make sure that their situation is leak-proof as injustices are not unprecedented. Following the recommendations of the Glidewell Report in 1998, the CPS was re-organised from 13 to 42 areas, to mirror the structure of the police service. The CPS: Primarily, the CPS will review the evidence gathered by the police and provide guidance. (6th Ed.). The defense and the CPS then gracefully provide ending presentations and the jury retires to consider their judgment. The CPS was established in part to provide a counterbalance to increased police powers under the Police Powers and Criminal Evidence Act 1984 and brought England and Wales in line with Scotland (which has an independent procurator fiscal) in having an independent prosecution service. The other principal responsibility of the CPS is testing evidence for admissibility, as well as, reliability before trial. The law takes a logical approach to this and contends that whilst it is reasonably foreseeable that the victim of an attack will require medical attention, the chain of causation will only be broken if that medical attention is unforeseeably poor or incompetent. While the CPS does not act for victims or families of victims, but rather on behalf of the public, when considering the public interest Crown Prosecutors should always take into account the consequences for the victim of whether or not to prosecute, and any views expressed by the victim or their family. The CPS started to operate in 1986. Cavendish Publishing. They may claim about the conditions in which the criminal activity took place, the defendant’s conduct after the offence and aspects in their individual lives that might indicate their capability to reform. Defence lawyers can by no means have the surety that a defendant is guilty or not. Claims and allegations have been made; that defence lawyers and teams intentionally cause postponements in these hearings, and reasons given are that it influences the memories of witnesses, or the delays sustain their income. Our A to Z of top graduate employers on site with advice on researching career opportunities and applying. There are presently 84 Crown Prosecutors in NSW. As pointed out by Burton (2001), the main problem faced by any person seeking to review such resolutions is having the ability to obtain the reasons for such resolutions from the prosecution. You can only train as a solicitor or barrister with the CPS if you have a degree, either from a law or non-law discipline. Nevertheless, not each and every one the mentioned functions are carried out in a reasonable standard unveiling some of the criticisms of CPS’ functions and roles. The Crown Prosecution Service will focus on criticism while at the same time identifying and evaluating CPS’s functions, as well as, its applicability in defence during criminal trials. ", Keir Starmer, Director of Public Prosecutions, Comment There may be obvious reasons why such reasons ought not to be disclosed and these occur from similar arguments as to the rationale behind prosecutorial discretion, in general, ought to be reviewed only in circumstances which are exceptional (Burton 2001, p.378). Following academic qualification, barristers must take a vocational 'pupillage' (comprising training, job shadowing and possibly small case work) for a minimum of one year, while solicitors must undertake a two-year training contract. Work. This includes advising the police on potential prosecutions and assuming control of prosecutions initiated by the police. The 1985 Act itself followed a series of reports in the late 1970s and early 1980s recommending that the functions of investigating crime and prosecuting crime be kept separate.

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