cps code for crown prosecutors

8.2 Speed must never be the only reason for asking for a case to stay in the magistrates’ court. 2.6 Although each case must be considered on its own facts and on its own merits, there are general principles that apply in every case. 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. 2. 4. Additionally, the Attorney General will be kept informed of certain cases as part of their superintendence of the CPS and accountability to Parliament for its actions. When selecting charges in response to gang criminality prosecutors should have regard to Paragraph 6.1 of the Code for Crown Prosecutors and choose offences which: reflect the … The CPS is independent of government. These include where: the suspect’s past record suggests that there are no suitable alternatives to prosecution; and. when all outstanding reasonable lines of inquiry have been pursued; or. 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. The DPP operates independently, under the superintendence of the Attorney General who is accountable to Parliament for the work of the CPS. 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. This includes where a position of trust or authority exists between the suspect and victim. 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. MORE: ht…. 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. Prosecutors must obtain such consent prior to charge and apply any relevant guidance in these cases. Casework decisions taken fairly, impartially and with integrity help to secure justice for victims, witnesses, suspects, defendants and the public. 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. They must not let any personal views about the ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity of the suspect, defendant, victim or any witness influence their decisions. Code for Crown Prosecutors 2018 - downloadable version and translations, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime. 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. 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). Prosecutors should consider the suspect’s maturity, as well as their chronological age, as young adults will continue to mature into their mid-twenties. 2.1 . She explained how the Threshold Test was in essence the reaching of a balance between charging and not having an offender at risk to the public. 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. These factors, together with any public interest factors set out in relevant guidance or policy issued by the DPP, should enable prosecutors to form an overall assessment of the public interest. 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. 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. 5.4 In determining whether there are reasonable grounds to suspect, prosecutors must consider all of the material or information available, whether in evidential format or otherwise. 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. 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. Those principles 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. Provides information and assistance to victims and prosecution witnesses. 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. All five conditions must be met before the Threshold Test can be applied. Some offences require the consent of a Secretary of State before a prosecution is started. 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. 2.4 The decision to prosecute or to recommend an out-of-court disposal is a serious step that affects suspects, victims, witnesses and the public at large and must be undertaken with the utmost care. 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). 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. Prosecution of Gang Offences. 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. 3.6 Prosecutors review every case they receive from the police or other investigators. Help us to improve our website; let us know It provides guidance to prosecutors and paralegal staff in relation to many criminal offences and procedural issues. The CPS prosecutes independently, without bias and works to deliver justice in every case. 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