Role Of Cps Essay

Role Of Cps Essay-80
In other cases, although public interest factors against prosecution may exist, it may still be appropriate to prosecute and put those factors before the court as relevant mitigation on sentence.Where a suspect who is in police custody presents a substantial bail risk if released, but not all of the evidence in the case is yet available, a preliminary assessment of the evidence may be made under the Threshold Test.If both parts of the Threshold Test are met, the public interest stage of the Full Code Test should be considered, based on the information available at the time.

In other cases, although public interest factors against prosecution may exist, it may still be appropriate to prosecute and put those factors before the court as relevant mitigation on sentence.Where a suspect who is in police custody presents a substantial bail risk if released, but not all of the evidence in the case is yet available, a preliminary assessment of the evidence may be made under the Threshold Test.

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This built on the benefits of streamlined processes to deliver more responsive and proportionate charging services.

The Code for Crown Prosecutors advises that any charging decisions should: for prosecution if they have already received one or more out-of-court disposals, the offence is serious, or the youth has not admitted the offence and, therefore, specific out-of-court disposals cannot be given or are not appropriate.

Youth out-of-court disposals are intended to prevent reoffending, but further offending indicates that attempts to divert the youth from the court system have failed.

It is usually in the public interest to prosecute in such cases, unless there are clear public interest factors against prosecution.

For a full explanation of the evidential and public interest stages, see The Code for Crown Prosecutors: The Full Code Test.

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Prosecutors and police decision makers must be satisfied that there is enough evidence to provide a realistic prospect of conviction against each suspect on each charge.They must balance factors for and against prosecution carefully and fairly, decide how important each factor is in the circumstances of the case and make an overall assessment.Each case is unique and must be considered on its own facts and merits.All of the following conditions must be met: There must be reasonable grounds to believe that further investigation will provide additional identifiable (not merely speculative) evidence within a reasonable period of time.The evidence as a whole should then be capable of meeting the Full Code Test, ie, provide a realistic prospect of conviction.The charging decision should be recorded on the MG3/3A forms.The Threshold Test is not a shortcut to obtaining a charging decision to place offenders before a court quickly.Investigators use the MG3 form for recording pre-charge advice.This form is not disclosable as it is subject to public interest immunity between the police and the have introduced a joint national programme of work to modernise charging.Public interest factors that can affect the decision to prosecute include: A prosecution should usually take place, unless there are public interest factors tending against prosecution which outweigh those tending in favour.Sometimes an out-of-court-disposal may serve the public interest better than prosecution.

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