10.1 People should be able to rely on decisions taken by the CPS. Prosecutors must be satisfied that the material to be relied on at this stage is capable of being: 5.5 Prosecutors must be satisfied that there are reasonable grounds to believe that the continuing investigation will provide further evidence, within a reasonable period of time, so that when all the evidence is considered together, including material which may point away from as well as towards a particular suspect, it is capable of establishing a realistic prospect of conviction in accordance with the Full Code Test. Prosecutors also need to consider if a prosecution is likely to have an adverse effect on the victim’s physical or mental health, always bearing in mind the seriousness of the offence, the availability of special measures and the possibility of a prosecution without the participation of the victim. the likelihood of that evidence being held as inadmissible by the court; and. CPS guidance contains further evidential and public interest factors for specific offences and offenders and is available for the public to view on the CPS website. 4.10 It has never been the rule that a prosecution will automatically take place once the evidential stage is met. 7.1 An out-of-court disposal may take the place of a prosecution if it is an appropriate response to the offender and/or the seriousness and consequences of the offending. provides information, assistance and support to victims and prosecution witnesses. Prosecutors are independent from persons or agencies that are not part of the prosecution decision-making process. However, there may be circumstances which mean that, notwithstanding the fact that the suspect is under 18 or lacks maturity, a prosecution is in the public interest. The weight to be attached to each of the questions, and the factors identified, will also vary according to the facts and merits of each case. Wherever possible, prosecutors should consult the investigator when considering changing the charges or stopping the case. 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. The seriousness or circumstances of the case must justify the making of an immediate charging decision, and there must be substantial grounds to object to bail. 2.12 Some offences may be prosecuted by either the CPS or by other prosecutors in England and Wales. THE PRESIDENT OF THE QUEEN'S BENCH DIVISION : 1. Prosecutors are bound by the duties set out in this legislation. GOV.UK is the place to find This includes decisions to start or continue an investigation and on the scope of the investigation. We also made suggestions as to additional points that could be included. The circumstances of the victim are highly relevant. 102 Petty France, The Crown Prosecution Service (CPS) For the CPS, equality and diversity is about more than just meeting our statutory requirements. the importance of that evidence in relation to the evidence as a whole. In some cases the prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution. However, there will be cases where it is clear, prior to reviewing all the evidence, that the public interest does not require a prosecution. It is essential that regard is also given to the public interest factors identified when considering the other questions in paragraphs 4.14 a) to g), but cost can be a relevant factor when making an overall assessment of the public interest. 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. In the same way, they should never proceed with a more serious charge just to encourage a defendant to plead guilty to a less serious one. As a starting point, the younger the suspect, the less likely it is that a prosecution is required. 912 0 obj
The Code, issued by the Director for Public Prosecutions (“ DPP ”), is updated from time to time to ensure that it remains an effective tool for crown prosecutors when making their decisions. The assessment must consider the impact of any defence or information that the suspect has put forward or on which they might rely. Review is a continuing process and prosecutors must take account of any change in circumstances that occurs as the case develops. These factors, together with any public interest factors set out in relevant guidance or policy issued by the DPP, should enable prosecutors to form an overall assessment of the public interest. The police apply the same principles in deciding whether to start criminal proceedings against a person in those cases for which they are responsible. Prosecutors should also have regard to whether the suspect is, or was at the time of the offence, affected by any significant mental or physical ill health or disability, as in some circumstances this may mean that it is less likely that a prosecution is required. 4.5 Prosecutors should only take such a decision when they are satisfied that the broad extent of the criminality has been determined and that they are able to make a fully informed assessment of the public interest. 8.1 Prosecutors must have regard to the guidelines on sentencing and allocation when making submissions to the magistrates’ court about where the defendant should be tried. The greater the suspect’s level of culpability, the more likely it is that a prosecution is required. 10.3 Victims may seek a review of certain CPS decisions not to start a prosecution or to stop a prosecution, under the Victims’ Right to Review Scheme. © Copyright 2017 CPS. %%EOF
2.7 When making decisions, prosecutors must be fair and objective. “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. Culpability is likely to be determined by: the extent to which the offending was premeditated and/or planned; the extent to which the suspect has benefitted from criminal conduct; whether the suspect has previous criminal convictions and/or out-of-court disposals and any offending whilst on bail or whilst subject to a court order; whether the offending was or is likely to be continued, repeated or escalated; the suspect’s age and maturity (see paragraph d below). They must not let any personal views about the ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity of the suspect, defendant, victim or any witness influence their decisions. 902 0 obj
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Prosecutors should not accept, without careful enquiry, any unjustified or unsupported assertions about risk if release on bail were to take place. Additionally, the Attorney General will be kept informed of certain cases as part of their superintendence of the CPS and accountability to Parliament for its actions. endstream
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