How do the CPS decide whether to charge?
The public interest test. If the evidential test is satisfied, the CPS must fairly weigh the factors for and against prosecution to make an overall assessment of whether the proceedings against the accused is in the public interest. Each case must be considered on its own individual facts.
How do police decide to charge?
The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.
Who decides the charges in a criminal case?
prosecutor
How long do the CPS take to make a charging decision?
Annex B – Timeframes
| Stage | Timescale |
|---|---|
| Independent review | Completed within 20 working days of receiving a request for review. |
| Communicate final review outcome | The CPS will, wherever possible, complete the review and communicate the decision to the victim within an overall review timeframe of 30 working days. |
Can the CPS drop charges?
The CPS can however decide to drop charges at the latter stages of police enquiries, or charges can be dropped at the early stages of police enquiry if they are directly sourcing from the influence of the complainant (the victim). It is also possible for the CPS to discontinue a case when it has already come to court.
Can the police charge without CPS?
Some lower level offences like low value shoplifting can be commenced by the police without being referred to the CPS (although if the case goes to court they must be reviewed by the CPS before the first hearing at the Magistrates’ Court takes place).
Can police overrule CPS?
There will be times when the police disagree with CPS decisions. Common instances are likely to include: charging advice and decisions given by CPS but not followed by the police. dissatisfaction by the police about the general conduct of a case by the CPS.
What role did the CPS take over from the police and why?
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. The CPS is independent, and we make our decisions independently of the police and government.
How much do CPS prosecutors earn?
Salaries for CPS crown prosecutors start from £27,393 (in London, £29,296 plus a £3,000 allowance). Senior crown prosecutors earn £42,224 (in London, £43,807 plus a £3,000 allowance).
Can the CPS take over a private prosecution?
In general, the CPS will not take over a private prosecution because of misconduct or alleged misconduct by the private prosecutor. It is not the role of the CPS to discipline private prosecutors but rather it is for the courts to control private prosecutors.
Who pays for a private prosecution?
Costs from the defendant -Pursuant to section 18 POA 1985, the court can order a convicted defendant to pay costs to a private prosecutor’s costs. Costs will only be considered by a Court after an order has been made on compensation or confiscation.
Can I bring a private prosecution?
A private prosecution can be brought by any individual or any company and the right is expressly reserved in section 6(1) Prosecution of Offences Act 1985. Private prosecutions are suitable for individuals or companies who have been the victims of the criminal acts committed against them by others.
When may a private prosecutor prosecute a criminal action?
authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. x x x .
What is the difference between the public prosecutor and private prosecutor?
Answer: A Public Prosecutor is an officer of the court helping in the administration of justice. He must act on the directions of the judge. A private prosecution is a prosecution started by a private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority.
What is the function of private prosecutor?
In cases where only the civil liability is being prosecuted by a private prosecutor, the head of the prosecution office must issue in favor of the private prosecutor a written authority to try the case even in the absence of the public prosecutor.
What evidence does prosecutor needs?
Prosecutors have to show those using witness testimony, physical or scientific evidence, and the defendant’s own statements among other resources.