The Role of the Crown Prosecution Service (CPS) in UK Criminal Law

Welcome to the SQE Criminal Law & Practice UK blog, where we provide you with insightful articles on various aspects of criminal law in the United Kingdom. In this post, we will discuss the important role played by the Crown Prosecution Service (CPS) in the criminal justice system. The CPS is a key institution that handles the prosecution of criminal cases in England and Wales.

The Crown Prosecution Service (CPS)

The Crown Prosecution Service (CPS) is the principal prosecuting authority in England and Wales. It operates independently from the police and other investigative agencies. The CPS has the power to decide whether to prosecute a criminal case and it represents the interests of the public in court. Their primary functions include:

Reviewing cases submitted by the police
Gathering evidence
Providing legal advice to the police
Deciding on the most appropriate charges
Presenting cases in court

The CPS plays a crucial role in upholding the rule of law and ensuring that justice is administered fairly. They have a duty to act in the interests of the public and to consider both the evidence and public interest when making decisions on prosecution.

How Does the CPS Make Decisions?

The CPS follows a set of guidelines known as the Code for Crown Prosecutors. This document sets out the principles and factors that prosecutors must take into account when making decisions on whether to prosecute. The Code emphasizes the need for fairness, impartiality, and consistency in decision-making.

Prosecutors consider various factors, including the strength of the evidence, the public interest, and any potential defenses or mitigating circumstances. They must weigh these factors carefully before making a decision. The CPS strives to ensure that only cases with a realistic prospect of conviction and cases that are in the public interest proceed to court.

The CPS and Criminal Proceedings

When a case goes to court, the CPS represents the interests of the public. They present the evidence and argument before the judge and jury, aiming to secure a conviction where it is appropriate. The CPS works closely with the police and other agencies involved in the criminal justice system to build strong cases and ensure that justice is served.

It is important to note that the CPS is also responsible for ensuring that individuals receive a fair trial. They have a duty to disclose all relevant evidence to the defense so that they have the opportunity to challenge the prosecution’s case. The CPS plays a pivotal role in the adversarial nature of the criminal justice system.

Conclusion

The Crown Prosecution Service (CPS) plays a critical role in the UK criminal justice system. They are responsible for making decisions on whether to prosecute, presenting cases in court, and upholding the principles of fairness and justice. The CPS works tirelessly to serve the public interest and to ensure that those accused of crimes receive a fair trial.

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