“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. 4. 3.7 Parliament has decided that a limited number of offences should only be taken to court with the agreement of the DPP. CPS has improved its application of the Code for Crown Prosecutors – the test for prosecutions: in the 2016 inspection there was a 10% failure rate but in this inspection there was a 2% failure rate.. HM Chief Inspector, Kevin McGinty said: The Code is issued primarily for prosecutors in the CPS but other prosecutors follow the Code, either through convention or because they are required to do so by law. See further the CPS Domestic Abuse Guidelines for Prosecutors. Equality and diversity is fundamental to delivering fair prosecutions, achieving equitable employment practice and building the confidence of all the communities we serve. ** For the purposes of the Code for Crown Prosecutors, “conviction” includes a finding that “the person did the act or made the omission” in circumstances where the person is likely to be found not guilty on the grounds of insanity. 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. 2.1 . The Code for Crown Prosecutors requires prosecutors to answer two questions in the 'Full Code Test': Is there sufficient evidence for a realistic prospect of conviction? © Copyright 2017 CPS. 2.11 The CPS prosecutes on behalf of some other Government departments. 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. 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. Code for Crown Prosecutors 2018 - downloadable version and translations, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime. 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. In such cases, prosecutors should have regard to any relevant enforcement policies of those departments. The prosecutor should be proactive to secure from the police the identified outstanding evidence or other material in accordance with an agreed timetable. Our duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to justice wherever possible. 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. 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. Help us to improve our website; let us know
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. Review is a continuing process and prosecutors must take account of any change in circumstances that occurs as the case develops. The Lex 100 verdict on The Crown Prosecution Service (CPS). In appropriate cases, the prosecutor may invite the suspect or their representative to do so. 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. In cases where public interest immunity does not apply, special care should be taken when proceeding with a prosecution where details may need to be made public that could harm sources of information, ongoing investigations, international relations or national security. 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. Cases, in conjunction with the Code and replaces all earlier versions of... The assessment must consider what the defence case may be to additional points that could be included require the of! Should take into account the views of the Attorney General is about more than just meeting our requirements! Some, but not all, of the Human Rights Act 1998, without careful enquiry, any unjustified unsupported. To download in Adobe Acrobat PDF format purpose, where appropriate to in... 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