The key role of the CPS is deciding whether the prosecute, they decide this by applying the ‘Full Code Test’ stated In Section 10 of Prosecution of Offences Act 1985. The first being the evidential test, and the second being the public interest test. This means that the CPS will look through reliable evidence; i.e.
– CCTV, DNA, Finger Prints, Confession and Eye Witnesses.
This edition considers recent case law and legislation as well as the outcome of the UK’s referendum on membership of the EU; the decision of and its impact on the role of the Privy Council in the system of precedent; the new Combined Family Court; the Legal Education and Training review and changes to the profession; and funding cuts to legal services and legal aid.
The series is designed specifically to make the law accessible.
Discuss the role of the CPS within the English and Welsh legal system.
JAMES DOLPHIN T305 The CPS (Crown Prosecution Service) is responsible for prosecuting all criminal cases.The four were held in prison for fifteen years and all of the convictions were turned over a few years after when they found out that the four in prison were not actually the four that committed the crime.In 1989 the four were released from prison after 15-16 years inside.Firstly the CPS look at the evidence and ADVISE the police on the charge that the defendants should be prosecuted for. They will look at all the evidence and all statements and make sure that they understand what the case contains; the ‘Hate Crime Scrutiny Group’ does this.After this they DECIDE whether to prosecute or not.They will need to take into account whether it is in the public’s interest to prosecute or whether putting the case to court would be a waste of time and money.If decided that the case is liable to go to the courts they will PREPARE it for the trail.The CPS cannot take into account any evidence that may be unreliable; i.e.– Child Witnesses, Poor quality CCTV, Confession under Oppression and Hearsay.And then under the POA 1985 the CPS was established.The CPS is mainly built not only to stop the police from doing prosecutions but also to stop miscarriages of justice.