Law Essay about the CPS

Topics: Criminal law, Prosecutor, Crime Pages: 2 (571 words) Published: November 3, 2013
Law Essay – Describe/Critically Examine/Evaluate the role of the CPS The Crown Prosecution Service (CPS) is the body responsible for bringing state-led prosecutions of criminal offences in both Magistrates and Crown courts (in England and Wales). It is a government department set up for this purpose and it has brought about the separation of the tasks of apprehending suspects and gathering of evidence (which continues to be performed by the police services from the task of preparing cases for and presenting them in Court, i.e. the trial process. PARAGRAPH 2 – HISTORY

The CPS was set up by statute in 1985 and began operating in 1986. Prior to this, the police carried out all the functions it still has as well as bringing and conducting the prosecutions. The Prosecution of Offences Act created the Crown Prosecution Service (CPS). It established the Director of Public Prosecutions as the head of a Department which incorporated the Department of the DPP and existing Police Prosecuting Solicitor's Departments. Before 1986 prosecutions brought by the state were normally conducted by the police. This led to criticism as it was thought that the investigation of the crime should be separate from the prosecution of cases. They said this in 1970 where the Justice report was released and certain problems were outlined with the police making the decision to prosecute such as; prosecution bias, potential infringement of right to a fair trial and conflict of interests the same body investigating and prosecuting. In 1978, Phillips Royal Commission recommended there be an independent agency to take charge of prosecution of suspects. Prosecution of Offences Act established the Crown Prosecution Service. Deemed beneficial because it is fairer on the prosecuted and it shares power and doesn’t give the police too much power in regards to the law and order in the country.

The CPS follows a “Full Code Test” to decide whether or not to prosecute a particular...
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