Crown Prosecution Service

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The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is responsible for prosecuting criminal cases that have been investigated by the police and other investigative organizations. The CPS was established in 1986 by the Prosecution of Offences Act 1985.

History

The CPS was created to ensure that prosecutions are conducted independently and fairly. Before its establishment, the police were responsible for both investigating and prosecuting crimes, which led to concerns about impartiality and fairness. The CPS was formed to separate these functions and provide an independent body to handle prosecutions.

Structure

The CPS is headed by the Director of Public Prosecutions (DPP), who is appointed by the Attorney General for England and Wales. The DPP is supported by a team of senior prosecutors and administrative staff. The CPS is divided into 14 geographical areas, each headed by a Chief Crown Prosecutor.

Functions

The main functions of the CPS include:

• Reviewing cases submitted by the police and deciding whether to prosecute.
• Determining the appropriate charges in more serious or complex cases.
• Advising the police during the early stages of investigations.
• Preparing cases for court and presenting them at trial.
• Providing information, assistance, and support to victims and witnesses.

Decision to Prosecute

The decision to prosecute is guided by the Code for Crown Prosecutors, which sets out the principles to be followed. The two main tests applied are:

• The evidential test: There must be sufficient evidence to provide a realistic prospect of conviction.
• The public interest test: It must be in the public interest to bring the case to court.

Specialist Units

The CPS has several specialist units to handle specific types of crime, including:

• The Special Crime and Counter Terrorism Division
• The Organised Crime Division
• The Fraud Division
• The Rape and Serious Sexual Offences Unit

Challenges and Criticisms

The CPS has faced various challenges and criticisms over the years, including concerns about its efficiency, the quality of its decision-making, and its handling of sensitive cases. Efforts have been made to address these issues through reforms and improvements in training and procedures.

Related Pages

• Director of Public Prosecutions
• Attorney General for England and Wales
• Prosecution of Offences Act 1985
• Code for Crown Prosecutors
• Special Crime and Counter Terrorism Division
• Organised Crime Division
• Fraud Division
• Rape and Serious Sexual Offences Unit