Rules and Theory of Criminal Law Crown Prosecution

Rules and Theory of Criminal Law Crown Prosecution Service

Objectives • Identify the problems with the prosecution process before the establishment of the Crown Prosecution Service. • Explain why it was necessary to establish the Crown Prosecution Service. • Explain the roles of the Crown Prosecution Service. • Explain the Code for Crown Prosecutors. • Identify problems and evaluate reforms within the Crown Prosecution Service.

CPS in the News. . Identify the key terms used by the Crown Prosecution Service "We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest, " said Baljit Ubhey, London chief crown prosecutor at the CPS. The singer and former X Factor judge Tulisa Contostavlos is to be charged with supplying class A drugs. The Crown Prosecution service (CPS) authorised the Metropolitan police to charge the 25 -year-old singer: "This charge relates to an investigation by the Sun newspaper between early March 2013 and 23 May 2013 which resulted in the supply of Class A drugs to an investigative journalist, " confirmed Ubhey. "This decision to prosecute was taken in accordance with the Code for Crown Prosecutors. " The Guardian, 9 December 2013

History of the Crown Prosecution Service • • • Dual role of the police Miscarriages of Justice Maxwell Confait Birmingham 6 Guildford 4 Phillips Commission 1978 -1981

Establishment of the Crown Prosecution Service set up under the Prosecution of Offences Act 1985 • • Independent body – headed by the Director of Public Prosecutions who is responsible to the Attorney-General. 5 key roles: - advises the police on cases for possible prosecution - reviews cases submitted by the police for prosecution - prepares cases for court - presents cases at court. And their main role: - make the decision to charge in all but minor cases AND decide what charge should be brought. • Statutory Charging under Criminal Justice Act 2003.

Structure of the CPS Attorney General DPP Chief Crown Prosecutors Branch Crown Prosecutors Lawyers and Support Staff

Attorney General The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers’ departments, which includes the Crown Prosecution Service. Other responsibilities include: Jeremy Wright Appointed Attorney-General in June 2014 § acting as principal legal adviser on questions of EU and international law, human rights and devolution issues § referring unduly lenient sentences to the Court of Appeal § bringing proceedings for contempt of court § intervening in certain proceedings to protect charities § dealing with questions of law arising on government Bills § legal aspects of all major international and domestic litigation involving the government Source: https: //www. gov. uk/government/ministers/attorney-general

Director of Public Prosecutions The Director of Public Prosecutions (DPP) is the most senior public prosecutor in England Wales (second only to the Attorney General and Solicitor General). The DPP is the head of the Crown Prosecution Service, with personal responsibility for its staff and the 800, 000 prosecutions undertaken by it every year. The holder of the role is appointed by the Attorney General on the recommendation of a panel. Source: https: //www. gov. uk/government/people/alison-saunders Allison Saunders Appointed DPP in November 2013

The Code for Crown Prosecutors s 10 Prosecution of Offences Act 1985 FULL CODE TEST Evidential Test Public Interest test Is there a realistic prospect of conviction? Is it in the interest of the public to prosecute? • Can the evidence be used in court? • Involves very wide ranging considerations. • Is the evidence reliable? • The Code of Practice gives questions that need to be considered when deciding whether a prosecution should be brought. • Is the evidence credible?

The Code for Crown Prosecutors s 10 Prosecution of Offences Act 1985 Public Interest Test a) How serious is the offence committed? b) What is the level of culpability of the suspect? c) What are the circumstances of and the harm caused to the victim? d) Was the suspect under the age of 18 at the time of the offence? e) What is the impact on the community? f) Is prosecution a proportionate response? g) Do sources of information require protecting? • Incorporates old “factors” • Focus is on the suspect and the offence • “New” factors in response to 2009 report, entitled “Setting the Standard” • Focus is on the impact of the offence and protection of public.

The Code for Crown Prosecutors s 10 Prosecution of Offences Act 1985 THRESHOLD TEST Is the suspect a bail risk? Is not all the evidence available? • Reasonable suspicion Can further evidence be gathered to provide a realistic prospect of conviction? • Evidence available must be relevant and admissible Is it in the interest of the public to prosecute? Is there reasonable suspicion?

Casework Quality Standards Document which outlines the standards that the public can expect from the CPS and are important in holding the CPS to account. Each standard contains benchmarks of quality that have to be achieved by the CPS. https: //www. cps. gov. uk/publications/docs/cqs_oct_2014. pdf Standard 1: Victims, Witnesses and Communities Standard 2: Legal Decision Making Standard 3: Casework Preparation Standard 4: Presentation The role of the CPS Inspectorate established under the Crown Prosecution Service Inspectorate Act 2000 is important here

Performance of the Crown Prosecution Service Key reports: Narey Report (1997) Other Issues: • Failed sex offence cases: http: //www. theguardian. com/law/2014/apr/11/attorneygeneral-cps-sex-offence-cases-nigel-evans • Establishment of CPS Direct. • Creation of new Revenge Pornography offence. Glidewell Report (1998) • Victims right of review: http: //www. bbc. co. uk/news/uk-28377445 For current news and issues, visit: www. cps. gov. uk

Case Study: Lord Janner: appropriate application of the Public Interest test? Background: Police investigations revealed more than 20 men had come forward to say that Lord Janner, a peer in the House of Lords, had abused them as children. A prosecution would have involved 22 counts of indecent assault and buggery against 9 people between the years 1969 and 1988. • April 2015: the CPS said it was not in the public interest and they would therefore not be pursuing charges because the severity of his dementia made him unfit to stand trial. • June 2015: the DPP’s decision not prosecute was overturned because the alleged victims used their right to review to request the release of the medical reports which prompted the decision not to prosecute. • • August 2015: Janner attends court for a hearing which lasted no longer than a minute. • Trial of the Facts: a jury considers the evidence but there is no guilty verdict and the court cannot pass sentence. All it can do is make a hospital order, a supervision order or an order for the defendant’s absolute discharge. December 2015: it was ruled that Janner was unfit to stand trial, but the court scheduled a trial of the facts for April 2016. On 19 th December, Lord Janner died, aged 87, so this trial of the facts is unlikely to take place.