Criminology Unit 3 AC2.1 Explained

The Crown Prosecution Service

Ever wondered who decides whether criminals actually get taken to court? That's where the Crown Prosecution Service comes in. Established in 1986, the CPS was created to stop police from making biased prosecution decisions and to prevent conflicts of interest.

Before 1986, police could charge and prosecute suspects even with minimal evidence, which wasn't exactly fair. The CPS changed this by taking over the charging role for all offences, ensuring a more balanced approach to justice.

The CPS consists of solicitors and support staff who advise police on investigations, assess evidence, and decide what charges to bring. Under the Criminal Justice Act 2003, they issue written charges and court notices to defendants.

Quick Tip: Think of the CPS as the bridge between police investigations and court proceedings - they're the ones who decide if there's actually a case worth pursuing.

The Full Code Test

The Full Code Test is the CPS's main tool for ensuring fairness and consistency in prosecutions. It's like a quality control system that every case must pass before reaching court.

This test has two parts: the evidential test and the public interest test. Both must be satisfied for a prosecution to proceed. The CPS uses this test when investigations are complete or when they're confident that additional evidence won't significantly change the outcome.

The Full Code Test ensures prosecutors can make fully informed decisions about whether pursuing a case serves justice. It's designed to prevent weak cases from clogging up the courts whilst ensuring genuine criminals face prosecution.

Remember: Both parts of the Full Code Test must pass - having strong evidence isn't enough if prosecution isn't in the public interest.

The Evidential Test

The evidential test asks one key question: is there a realistic prospect of conviction? This means would a jury, magistrates, or judge be more likely than not to find the defendant guilty?

Prosecutors must consider potential defence arguments and assess whether evidence might be rejected as inadmissible. They also evaluate the reliability and credibility of evidence - basically, is it trustworthy and believable?

The test is objective, meaning it's based on facts rather than personal opinions. Evidence must be strong enough that reasonable people would believe it's true when considering all circumstances.

Case Study: Sally Anne Bowman, an 18-year-old model, was murdered in Croydon in 2005. DNA evidence from the crime scene didn't initially match anyone, but when Mark Dixie was arrested for another crime in 2006, his DNA matched the samples. This credible, reliable evidence led to his conviction for rape and murder.

Key Point: The evidential test isn't just about having evidence - it's about having evidence that will actually convince a court.

The Public Interest Test

Even with rock-solid evidence, the CPS must ask: should we actually prosecute this case? The public interest test considers whether prosecution serves society's best interests.

This test recognises that not every provable crime needs to go to court. Factors might include the seriousness of the offence, the impact on victims and community, and whether prosecution would be proportionate to the crime.

The public interest test ensures court resources are used effectively whilst balancing justice for victims against other societal considerations. It's the final hurdle that determines whether a case proceeds to trial.

Think About It: Sometimes the public interest might favour alternative approaches like cautions or community resolutions rather than full prosecution.