It is essential that regard is also given to the public interest factors identified when considering the other questions in paragraphs 4.14 a) to g), but cost can be a relevant factor when making an overall assessment of the public interest. 102 Petty France, 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 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. 5.10 Prosecutors must apply the public interest stage of the Full Code Test based on the information available at that time. endstream endobj 894 0 obj <. Wherever possible, prosecutors should consult the investigator when considering changing the charges or stopping the case. 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. 3.6 Prosecutors review every case they receive from the police or other investigators. 4.11 When deciding the public interest, prosecutors should consider each of the questions set out below in paragraphs 4.14 a) to g) so as to identify and determine the relevant public interest factors tending for and against prosecution. 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 take into account the views expressed by the victim about the impact that the offence has had. Prosecutors should consider whether there are any reasons to doubt the credibility of the evidence. We also made suggestions as to additional points that could be included. provides information, assistance and support to victims and prosecution witnesses. the absence of an admission means that out-of-court disposals that might have addressed the offending behaviour are not available. 4.1 Prosecutors must only start or continue a prosecution when the case has passed both stages of the Full Code Test. Provides information and assistance to victims and prosecution witnesses. For example, in a case involving multiple suspects, prosecution might be reserved for the main participants in order to avoid excessively long and complex proceedings. 2.12 Some offences may be prosecuted by either the CPS or by other prosecutors in England and Wales. The CPS prosecutes independently, without bias and works to deliver justice in every case. “The decision has been made in accordance with the code for crown prosecutors. Prosecutors must have regard to the principal aim of the youth justice system, which is to prevent offending by children and young people. 3.8 There are also certain offences that can only be taken to court with the consent of the Attorney General. 4.12 The explanatory text below each question in paragraphs 4.14 a) to g) provides guidance to prosecutors when addressing each particular question and determining whether it identifies public interest factors for or against 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. Although there may be public interest factors tending against prosecution in a particular case, prosecutors should consider whether nonetheless a prosecution should go ahead and those factors put to the court for consideration when sentence is passed. 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. 4.14 Prosecutors should consider each of the following questions: 5.1 In limited circumstances, where the Full Code Test is not met, the Threshold Test may be applied to charge a suspect. The exception is when the Threshold Test may be applied (see section 5). The CPS is recruiting Deputy Chief Crown Prosecutors - is it time for you to make the move? reflect the seriousness and extent of the offending; give the court adequate powers to sentence and impose appropriate post-conviction orders; allow a confiscation order to be made in appropriate cases, where a defendant has benefitted from criminal conduct; and. 7.1 An out-of-court disposal may take the place of a prosecution if it is an appropriate response to the offender and/or the seriousness and consequences of the offending. When making decisions in these cases, CPS prosecutors may, where they think it appropriate, have regard to any relevant enforcement or prosecution policy or code of the other prosecutor. Is it in the public interest for the CPS to bring the case to court? 0 what you think by taking our short survey, RT @CPSWestMids: Three teenagers have been sentenced for the murder of a 15-year-old boy. See further the CPS Domestic Abuse Guidelines for Prosecutors. 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. 5.2 There must be a rigorous examination of the five conditions of the Threshold Test, to ensure that it is only applied when necessary and that cases are not charged prematurely. 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. h�bbd``b`V��S�k "��W$x��=.&Ff�bFb���� J� 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. The greater the impact of the offending on the community, the more likely it is that a prosecution is required. Prosecutors must also comply with the Criminal Procedure Rules and Criminal Practice Directions, and have regard to the Sentencing Council Guidelines and the obligations arising from international conventions. enable the case to be presented in a clear and simple way. Introduction. Prosecutors must also have regard to the obligations arising under the United Nations 1989 Convention on the Rights of the Child. In such cases the DPP, or a prosecutor acting on their behalf, applies the Code in deciding whether to give consent to a prosecution. The prosecutor should be proactive to secure from the police the identified outstanding evidence or other material in accordance with an agreed timetable. Alternatively, they may want to plead guilty to a different, possibly less serious, charge because they are admitting only part of the crime. As a starting point, the younger the suspect, the less likely it is that a prosecution is required. the likelihood of that evidence being held as inadmissible by the court; and. Review is a continuing process and prosecutors must take account of any change in circumstances that occurs as the case develops. 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. 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. 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. 10.3 Victims may seek a review of certain CPS decisions not to start a prosecution or to stop a prosecution, under the Victims’ Right to Review Scheme. In considering whether prosecution is proportionate to the likely outcome, the following may be relevant: The cost to the CPS and the wider criminal justice system, especially where it could be regarded as excessive when weighed against any likely penalty. 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. It is not the role of the CPS to make such determinations. Prosecutors must be satisfied that the material to be relied on at this stage is capable of being: 5.5 Prosecutors must be satisfied that there are reasonable grounds to believe that the continuing investigation will provide further evidence, within a reasonable period of time, so that when all the evidence is considered together, including material which may point away from as well as towards a particular suspect, it is capable of establishing a realistic prospect of conviction in accordance with the Full Code Test. 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. This is a different test from the one that the criminal courts themselves must apply. About the CPS: The Crown Prosecution Service is the government department responsible for prosecuting criminal cases investigated by the police in England and Wales. Casework decisions taken fairly, impartially and with integrity help to secure justice for victims, witnesses, suspects, defendants and the public. Human Rights Act The CPS is a public authority for the purposes of the Human Rights Act 1998. The police apply the same principles in deciding whether to start criminal proceedings against a person in those cases for which they are responsible. 6.3 Prosecutors should never proceed with more charges than are necessary just to encourage a defendant to plead guilty to a few. The DPP operates independently, under the superintendence of the Attorney General who is accountable to Parliament for the work of the CPS. 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. Prosecutors must be fair, objective and independent. The first stage requires there to be sufficient evidence for the prosecutor to consider … “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. 8.2 Speed must never be the only reason for asking for a case to stay in the magistrates’ court. MORE: ht…. These conjoined applications for judicial review challenge decisions of the Crown Prosecution Service ("CPS"), dated 13 May 2015, to prosecute the claimant (to whom I shall refer as "S") for the offence of rape and of District Judge Pattinson, dated 16 June 2015, sitting at the Oxford Magistrates Court to send the case to the Oxford Crown … The Code for Crown Prosecutors (“ Code ”) sets out the general principles crown prosecutors should follow when deciding whether to prosecute a case. government's services and Prosecutors should explain to the defence advocate and the court that the prosecution of that offence may be subject to further review, in consultation with the police or other investigators wherever possible. These include where: the suspect’s past record suggests that there are no suitable alternatives to prosecution; and. Summary proceedings may be committed for that purpose, where appropriate. 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. They make their decisions in accordance with this Code, the DPP’s Guidance on Charging and any relevant legal guidance or policy. A revised Code for Crown prosecutors was published in 2000 to satisfy the requirements of the Human Rights Act 1998. Although prosecutors primarily consider the evidence and information supplied by the police and other investigators, the suspect or those acting on their behalf may also submit evidence or information to the prosecutor, before or after charge, to help inform the prosecutor’s decision. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be. 2.1 . 1.3 … Prosecutors must follow current guidance when referring any such cases to the Attorney General. 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. 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. All rights reserved. Where any of the conditions are not met, there is no need to consider any of the other conditions, as the Threshold Test cannot be applied and the suspect cannot be charged. However, there will be cases where it is clear, prior to reviewing all the evidence, that the public interest does not require a prosecution. 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. There is a Chief Crown Prosecutor (CCP) for the CPS Cymru-Wales Area along with two Deputy Chief Crown Prosecutors (DCCPs) and an Area Business Manager (ABM). 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. This is the eighth edition of the Code and replaces all earlier versions. 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. All currently-available translations of the new Code can be found below. 3.2 The police and other investigators are responsible for conducting inquiries into any alleged crime and for deciding how to deploy their resources. - CPS is now based in police stations in Criminal Justice Units, promoting 'joined up working' and collaborations. The CPS is independent of government. 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. 2.1.1 In many cases, a private prosecution will … A prosecution will usually take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour. h�b```�I�l[��(���A� �s,�Z;�$7�2��Q�S�♐��0�Q���%L憼aЁp���s>W0��\w|������յ�zS�=����g_|�����������А��Ё@� )����A�+��5f`,[���~�~��� ���Hg8�xDC���4�r��"k�'�@�,g�� �WP�]x��20��94%��,��;��;D1�4@� ��cY 6.1 Prosecutors should select charges which: 6.2 This means that prosecutors may not always choose or continue with the most serious charge where there is a choice and the interests of justice are met by selecting the lesser charge. 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