Guide to Crown Prosecutors

The following is a Guide to Crown Prosecutors

Is there enough evidence for the CPS to bring the case to Court?

Could it be said, that is it in the public interest for the CPS to bring the case to Court?

It is required the CPS should act independently from the Police and or other agencies.

The CPS should make decisions fairly, impartially and with integrity and that the law is fairly applied and that obligations of disclosure are complied with.

They have a duty to protect the rights of suspects and defendants and providing the best possible service to complainants.

In addition the CPS are obliged to comply with the principles of the European Convention on Human Rights.

Failure to pursue an advised reasonable line of inquiry or comply with a request for information is grounds for an Abuse of process application.

Threshold Test.

Is there sufficient evidence to provide a realistic prospect of conviction against the suspect. (Objective assessment)

Is the evidence admissible?
Is the evidence reliable?
This is especially important if the Complainant’s credibility is an issue. For example the complainant has lied to the Police or lied in the witness statement.

CPS Links.

The Crown Prosecution Service | The Crown Prosecution Service (cps.gov.uk)

Prisoner Progression

Child Protection/Family Issues.

Disclosure.

Resources/What to do

Get Organised.

Prepare a short summary of your situation (1 or 2 pages)
This includes a background, dates, the people involved (state their name and how they are involved) and key evidence.
The Police will not investigate your story and you are in effect guilty until proven innocent.
Ensure that a family member/trusted friend have copies of all key documents
If possible, take photographs of key documents and send to your email and to trusted friends and family members.
Keep copies of all correspondence.
Try and write letters and or emails and avoid using the telephone when dealing with the Police, Social Services or other government departments.

Defence Statement

This is the information that you and your Solicitor must put together in a document and send to the Court. This has to be done within a time frame usually 14 days/28 days.

Hearsay Application

A witness may have said something to a third party and they may be unable to attend Court. In certain circumstances a hearsay application may be allowed by the Court.

Witness Statement

This has to be signed with a declaration by the witness. This document will explain what the witness saw or heard or what they know about a situation.