The Crown Prosecution Service (CPS) is a fundamental part of...
Criminology977 views·Updated 2 Sept 2026·2 pagesUnderstanding Criminology Unit 3 - AC2.1
Dominic @dom.j4
1
of 2
The Crown Prosecution Service and Testing Procedures
The CPS was created to address concerns about police bias when they previously had sole authority to decide prosecutions. By separating investigation from prosecution, the CPS ensures decisions are based on evidence and public interest rather than potentially biased police judgments.
The Full Code Test determines whether cases proceed to court through two key components. The Evidential Test examines if there's sufficient evidence for a likely conviction - without adequate evidence, a case cannot proceed regardless of other factors. If this hurdle is cleared, the Public Interest Test considers whether prosecution serves society's interests by evaluating factors like threat level, suspect's age and responsibility, and harm caused.
Real-World Application: The Debbie Purdy case illustrates the public interest assessment in action. Purdy, suffering from multiple sclerosis, sought legal clarification on whether her husband would face prosecution if he helped her travel to Switzerland for euthanasia.
The Damilola Taylor case highlights the critical importance of the evidential test. This tragic murder of a 10-year-old boy resulted in a 6-year legal battle spanning three trials due to poor evidence handling and an unreliable witness. The CPS reputation suffered significantly when it became clear that obvious signs of deception in witness testimony weren't properly scrutinised.
2
of 2
Special Circumstances and Threshold Testing
In exceptional situations, the Threshold Test may be applied when rapid charging decisions are needed despite incomplete evidence. This typically occurs with major drug organisations or when a suspect poses serious public risk. Unlike the Full Code Test, this can employ reasonable suspicion rather than concrete evidence.
The Threshold Test is also valuable when concerns exist about bail risks or when investigators expect more evidence to emerge during trial proceedings. In these cases, police and CPS typically collaborate closely to manage the ongoing investigation while legal proceedings advance.
Important Consideration: The Threshold Test aims to balance public safety with fair process when immediate action is necessary but evidence collection is incomplete.
The case of Abu Hamza al-Masri demonstrates potential consequences of delay in prosecution. Despite his extremist views, building a case against him took significant time due to free speech protections, complex intelligence gathering requirements, and exploitation of legal loopholes. Had the Threshold Test been employed earlier, his prosecution might have occurred sooner despite initially failing the Full Code Test, even though prosecution was clearly in the public interest.
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Criminology977 views·Updated 2 Sept 2026·2 pagesUnderstanding Criminology Unit 3 - AC2.1
Dominic @dom.j4
The Crown Prosecution Service (CPS) is a fundamental part of the British legal system responsible for prosecuting criminal cases in England and Wales. Established in 1985, it creates an essential separation between police investigations and prosecution decisions, ensuring fairer outcomes...
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The Crown Prosecution Service and Testing Procedures
The CPS was created to address concerns about police bias when they previously had sole authority to decide prosecutions. By separating investigation from prosecution, the CPS ensures decisions are based on evidence and public interest rather than potentially biased police judgments.
The Full Code Test determines whether cases proceed to court through two key components. The Evidential Test examines if there's sufficient evidence for a likely conviction - without adequate evidence, a case cannot proceed regardless of other factors. If this hurdle is cleared, the Public Interest Test considers whether prosecution serves society's interests by evaluating factors like threat level, suspect's age and responsibility, and harm caused.
Real-World Application: The Debbie Purdy case illustrates the public interest assessment in action. Purdy, suffering from multiple sclerosis, sought legal clarification on whether her husband would face prosecution if he helped her travel to Switzerland for euthanasia.
The Damilola Taylor case highlights the critical importance of the evidential test. This tragic murder of a 10-year-old boy resulted in a 6-year legal battle spanning three trials due to poor evidence handling and an unreliable witness. The CPS reputation suffered significantly when it became clear that obvious signs of deception in witness testimony weren't properly scrutinised.
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Special Circumstances and Threshold Testing
In exceptional situations, the Threshold Test may be applied when rapid charging decisions are needed despite incomplete evidence. This typically occurs with major drug organisations or when a suspect poses serious public risk. Unlike the Full Code Test, this can employ reasonable suspicion rather than concrete evidence.
The Threshold Test is also valuable when concerns exist about bail risks or when investigators expect more evidence to emerge during trial proceedings. In these cases, police and CPS typically collaborate closely to manage the ongoing investigation while legal proceedings advance.
Important Consideration: The Threshold Test aims to balance public safety with fair process when immediate action is necessary but evidence collection is incomplete.
The case of Abu Hamza al-Masri demonstrates potential consequences of delay in prosecution. Despite his extremist views, building a case against him took significant time due to free speech protections, complex intelligence gathering requirements, and exploitation of legal loopholes. Had the Threshold Test been employed earlier, his prosecution might have occurred sooner despite initially failing the Full Code Test, even though prosecution was clearly in the public interest.
We thought you’d never ask...
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
You can download the app from Google Play Store and Apple App Store.
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