Under the CPS code of practise: Code tests, why would a case be discontinued?

Each year the CPS discontinue over 150,000 cases. In 1992 it was over 190,000. As a result in 1994 the Director of Public Prosecutions issued a revised Code of Practice which outlined when a prosecution should go ahead - this involved 2 tests.





Evidence test





The CPS should ask themselves:





* Is the evidence admissable?


* Was it obtained without breaching the rules of the Police And Criminal Evidence Act?


* Will a witness's background weaken the case?


* Is identification evidence strong?


* Is a magistrate/jury more likely than not to convict?





Public interest test (see Appendix A below)





This involves wide ranging considerations and is more controversial. The Code of Practice suggests factors for and against prosecution but the factors that will apply depend on the facts of every case.





Effect of the revised Code of Practice





The number of cases discontinued has decreased. But, perhaps the police are making better, initial, decisions on whether to charge or not and so are not charging where there is doubt about the evidence.





In serious crimes where the CPS discontinued cases victims have brought private prosecutions and are sometimes successful. The CPS is also criticised for reducing a charge to a less serious crime so the defendant will pleasd guilty and a conviction is assured. Unfortunately, the sentence will also be reduced which can leave the victim feeling that justice has not been done.





Sometimes when the CPS refuse to prosecute the victim sues the suspect in a civil court where the standard of proof is not as high as in criminal cases (like the case of OJ Simpson in America). It will not result in a custodial sentence but a suspect will be found responsible in law for the criminal conduct and most likely will have to pay damages to the victim.





The Glidewell Report 1998





Sir Iain Glidewell was asked to conduct an inquiry into the Service. One of the reasons being the large number of judge ordered acquittals as a result of something being wrong with the preparation of the case.





The organisation of the CPS was criticised as being too bureaucratic and over centralised. As a result a reorganisation took place as outlined in the diagram above.





Narey Report





This was into the delay in the criminal justice system. It suggested that CPS staff should work in police stations to prevent delay in cases being passed to the CPS. It was impractical to have a CPS lawyer in every police station and so they were assigned to criminal justice units/administrative support units. Pilot schemes were successful - they decreased delay and created better working practices between the police and the CPS. Fewer cases were discontinued (i.e. 7% in the pilot, 12% nationally). Mainly this reduction was due to CPS staff being able to advise police at an early stage in the case.Under the CPS code of practise: Code tests, why would a case be discontinued?
May be not enough evidence. The CPS will not carry on with a case if there is no chance of a realistic conviction. (www.cps.gov.uk) try this web site if in uk and it will give you all of what you want to knowUnder the CPS code of practise: Code tests, why would a case be discontinued?
mainly no realistic prospect of conviction or not in the public interest





The same code is generally followed by other prosecuting bodies such as Local Councils