CPS Decision-Making in Criminal Cases

Title: Decision💥Making Process of the Crown Prosecution Service in Criminal Cases

I. Introduction
The Crown Prosecution Service (CPS) is a vital component of the English legal system responsible for making decisions on charging and prosecuting individuals in criminal cases. This essay explores the decision💥making process of the CPS, focusing on the Prosecution of Offenders Act 1986, the Code for Crown Prosecutors, evidential and public interest tests, and the threshold test.

II. Decision to Prosecute
The Prosecution of Offenders Act 1986 sets out the functions and powers of the CPS in England and Wales. Under this Act, the CPS is entrusted with the authority to make independent and objective decisions on whether to charge individuals with criminal offenses. The Code for Crown Prosecutors provides guidance on the principles to be applied in making prosecution decisions, emphasizing the need for evidence💥based decision💥making.

III. Evidential Test
One of the primary considerations in the decision💥making process is the evidential test, which assesses the strength of the evidence against the suspect. The CPS must determine whether there is a "realistic prospect of conviction" based on the admissibility and credibility of the evidence, including witness statements and identification evidence. The Police and Criminal Evidence Act (PACE) is often utilized to secure and present evidence in compliance with legal standards.

IV. Public Interest Test
In addition to the evidential test, the CPS must apply the public interest test when deciding whether to prosecute. Factors considered under this test include the seriousness of the offense, the level of culpability of the suspect, the circumstances of the victim, the harm caused, the age of the suspect, and the impact on the community. The decision to prosecute must be proportionate and reflect the necessity of protecting sources of information in certain cases.

V. Threshold Test
If the full code test for prosecution is not met, the CPS may still proceed with charges under the threshold test, which allows for prosecution in cases where there is a realistic prospect of conviction but the public interest does not require a prosecution.

VI. Evaluation of Prosecution Decisions
An assessment of the CPS's performance in prosecuting criminal cases includes the examination of discontinuation rates and the impact on victims. The discontinuation of cases may be based on insufficient evidence or other factors that do not meet the threshold for prosecution. Notable cases, such as the Mirror Group hacking cases, shed light on the complexities and challenges faced by the CPS in pursuing prosecutions.

VII. Conclusion
In conclusion, the decision💥making process of the CPS in charging and prosecuting individuals in criminal cases involves a careful consideration of legal criteria, evidential sufficiency, public interest concerns, and ethical considerations. While the CPS plays a crucial role in upholding the rule of law, the effectiveness and fairness of its prosecution decisions warrant continuous evaluation and improvement to ensure justice for all parties involved.