But prosecutors should consider the effect of any likely delay if a case is sent to the Crown Court, including the possible effect on any victim or witness. A trial of a child or young person in the Crown Court should be reserved for the most serious cases or where the interests of justice require a child or young person to be jointly tried with an adult. 5.6 The likely further evidence must be identifiable and not merely speculative. In appropriate cases, this may also include the views of the victim’s family. information online. 6.5 Prosecutors must take account of any relevant change in circumstances as the case progresses after charge. They must comply with any guidelines issued by the Attorney General and with the policies and guidance of the CPS issued on behalf of the DPP, unless it is determined that there are exceptional circumstances. 5.2 There must be a rigorous examination of the five conditions of the Threshold Test, to ensure that it is only applied when necessary and that cases are not charged prematurely. 2.9 The CPS is a public authority for the purposes of current, relevant equality legislation. CPS prosecutors are also independent from the police and other investigators. The greater the impact of the offending on the community, the more likely it is that a prosecution is required. The Crown Prosecution Service (CPS) was established in 1986 to prosecute criminal cases that have been investigated by the police and other investigative organisations in England and Wales. The Code gives guidance to private prosecutors, and to those who advise, assist or act on their behalf, on the general principles to be applied when making decisions about private prosecutions. 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. 7.2 Prosecutors must follow any relevant guidance when asked to advise on or authorise an out-of-court disposal, including any appropriate regulatory proceedings, a punitive or civil penalty, or other disposal. When making decisions in these cases, CPS prosecutors may, where they think it appropriate, have regard to any relevant enforcement or prosecution policy or code of the other prosecutor. 9.2 Prosecutors should only accept the defendant’s plea if: 9.3 Particular care must be taken when considering pleas which would enable the defendant to avoid the imposition of a mandatory minimum sentence. 3.5 Prosecutors should not start or continue a prosecution where their view is that it is highly likely that a court will rule that a prosecution is an abuse of its process, and stay the proceedings. the court is able to pass a sentence that matches the seriousness of the offending, particularly where there are aggravating features; it enables the court to make a confiscation order in appropriate cases, where a defendant has benefitted from criminal conduct; it provides the court with adequate powers to impose other ancillary orders, bearing in mind that these can be made with some offences but not with others. Community is not restricted to communities defined by location and may relate to a group of people who share certain characteristics, experiences or backgrounds, including an occupational group. For example, in a case involving multiple suspects, prosecution might be reserved for the main participants in order to avoid excessively long and complex proceedings. when all outstanding reasonable lines of inquiry have been pursued; or. The prevalence of an offence in a community may cause particular harm to that community, increasing the seriousness of the offending. 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. It is the court which is best designed to meet their specific needs. 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. In these cases, the prosecutor will tell the defendant that the prosecution may well start again; cases which are not prosecuted or are stopped because of a lack of evidence but where more significant evidence is discovered later; and. 5.11 A decision to charge under the Threshold Test must be kept under review. Prosecutors must be fair, objective and independent. London, SW1H 9EA. Client engagement . 2.12 Some offences may be prosecuted by either the CPS or by other prosecutors in England and Wales. The Code for Crown Prosecutors 2018 is available to download in Adobe Acrobat PDF format. 8.2 Speed must never be the only reason for asking for a case to stay in the magistrates’ court. It is more likely that prosecution is required if the offence was motivated by any form of prejudice against the victim’s actual or presumed ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity; or if the suspect targeted or exploited the victim, or demonstrated hostility towards the victim, based on any of those characteristics. Such advice assists the police and other investigators to complete the investigation within a reasonable period of time and to build the most effective prosecution case. 1.2 The DPP is the head of the Crown Prosecution Service (CPS), which is the principal public prosecution service for England and Wales. reflect the seriousness and extent of the offending; give the court adequate powers to sentence and impose appropriate post-conviction orders; allow a confiscation order to be made in appropriate cases, where a defendant has benefitted from criminal conduct; and. enable the case to be presented in a clear and simple way. %%EOF Code for Crown Prosecutors 2018 - downloadable version and translations, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime. These conjoined applications for judicial review challenge decisions of the Crown Prosecution Service ("CPS"), dated 13 May 2015, to prosecute the claimant (to whom I shall refer as "S") for the offence of rape and of District Judge Pattinson, dated 16 June 2015, sitting at the Oxford Magistrates Court to send the case to the Oxford Crown … 2.3 Similarly, a decision not to bring criminal charges does not necessarily mean that an individual has not been a victim of crime. The Director is under a statutory duty to publish the Code for Crown Prosecutors.The fifth edition of the Code was published on 16 November 2004 and reflects the new responsibilities for Crown Prosecutors to determine charges. 4.3 The Full Code Test should be applied: 4.4 In most cases prosecutors should only consider whether a prosecution is in the public interest after considering whether there is sufficient evidence to prosecute. This includes where a position of trust or authority exists between the suspect and victim. 1.3 … Although there may be public interest factors tending against prosecution in a particular case, prosecutors should consider whether nonetheless a prosecution should go ahead and those factors put to the court for consideration when sentence is passed. Those principles ** For the purposes of the Code for Crown Prosecutors, “conviction” includes a finding that “the person did the act or made the omission” in circumstances where the person is likely to be found not guilty on the grounds of insanity. The CPS sits under the Superintendence of the Attorney General and is headed by the Director of Public Prosecutions (DPP). Prosecutors should not decide the public interest on the basis of this factor alone. This is the eighth edition of the Code and replaces all earlier versions. Prosecutors must consider at this stage and throughout the case whether there is any material that may affect the assessment of the sufficiency of evidence, including examined and unexamined material in the possession of the police, and material that may be obtained through further reasonable lines of inquiry. However, the decision rests with the prosecutor. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. A finding of guilt can only be made by a court. 2.2 It is not the function of the CPS to decide whether a person is guilty of a criminal offence, but to make assessments about whether it is appropriate to present charges for the criminal court to consider. 2.7 When making decisions, prosecutors must be fair and objective. put into an admissible format for presentation in court; the nature, extent and admissibility of any likely further evidence and the impact it will have on the case; the charges that all the evidence will support; the reasons why the evidence is not already available; the time required to obtain the further evidence, including whether it could be obtained within any available detention period; whether the delay in applying the Full Code Test is reasonable in all the circumstances. Prosecutors must be free to carry out their professional duties without political interference and must not be affected by improper or undue pressure or influence from any source. The exception is when the Threshold Test may be applied (see section 5). In considering whether prosecution is proportionate to the likely outcome, the following may be relevant: The cost to the CPS and the wider criminal justice system, especially where it could be regarded as excessive when weighed against any likely penalty. If a case is to be stopped, care should be taken when choosing the method of termination, as this can affect the victim’s position under the Victims' Right to Review scheme. A suspect is likely to have a much lower level of culpability if the suspect has been compelled, coerced or exploited, particularly if they are the victim of a crime that is linked to their offending. 4.11 When deciding the public interest, prosecutors should consider each of the questions set out below in paragraphs 4.14 a) to g) so as to identify and determine the relevant public interest factors tending for and against prosecution. As the principal prosecuting authority in England and Wales, it is responsible for: advising the police on cases for possible prosecution; The evidence must be regularly assessed to ensure that the charge is still appropriate and that continued objection to bail is justified. When selecting charges in response to gang criminality prosecutors should have regard to Paragraph 6.1 of the Code for Crown Prosecutors and choose offences which: reflect the … It is essential that such cases are kept under continuing review. 9.4 Prosecutors must never accept a guilty plea just because it is convenient. The Lex 100 verdict on The Crown Prosecution Service (CPS). This includes what becomes known of the defence case, any further reasonable lines of inquiry that should be pursued, and receipt of any unused material that may undermine the prosecution case or assist the defence case, to the extent that charges should be altered or discontinued or the prosecution should not proceed. 5.7 In reaching this decision prosecutors must consider: 5.8 The seriousness and the circumstances of the case should be assessed in relation to the alleged offending and should be linked to the level of risk created by granting bail. The more vulnerable the victim’s situation, or the greater the perceived vulnerability of the victim, the more likely it is that a prosecution is required. 1.2 The DPP is the head of the Crown Prosecution Service (CPS), which is the principal public prosecution service for England and Wales. Help us to improve our website; let us know 5 . 2.11 The CPS prosecutes on behalf of some other Government departments. Prosecutors should explain to the defence advocate and the court that the prosecution of that offence may be subject to further review, in consultation with the police or other investigators wherever possible. MORE: ht…. In appropriate cases, the prosecutor may invite the suspect or their representative to do so. - A revised code for Crown Prosecutors was published with detailed guidance on evidential test, making sure witnesses were reliable. The criminal justice system treats children and young people differently from adults and significant weight must be attached to the age of the suspect if they are a child or young person under 18. the likelihood of that evidence being held as inadmissible by the court; and. 4.6 Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge*. 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