It is quite possible that Fred could be charged with the murder Lenny. Meaning of CROWN PROSECUTION SERVICE. Currently, they are now split into forty-two areas with each district having a Crown Court Prosecutor; moreover, CPS staff at the moment is located in police stations to ensure that they provide necessary advice the agencies during trail. It is covered under section 47 of the Offences against the Person Act 1861. Hodder and,  The Decision to Prosecute in the UK is governed by the Code for Crown Prosecutors. In intricate cases, there may be several pre-trial hearings, mainly in cases that are listed at Crown Court. website. Ask a solicitor online now, Copyright © In Brief.co.uk, All Rights Reserved. The 2003 Act indicates that a Magistrate or a Judge may impose a 30 years minimum sentence for a particularly heinous single killing while most other unique murders ought to be subject to a 12 years minimum sentence. Graduates without a law degree must also pass a conversion course, often referred to as the common professional examination (CPE) or graduate diploma in law (GDL). Therefore, the witnesses may forget to point out some information (Huxley & Martin, 2008). Nevertheless, not each and every one the mentioned functions are carried out in a reasonable standard unveiling some of the criticisms of CPS’ functions and roles. In the same way, the onus of proof of an offence that has been committed is placed upon the Crown Prosecution Service. Passing a judgment can be no simple process. The English Legal System. They ought to make sure that there a fair trial for the defendants. Required fields are marked *. Most of the people took into consideration that crime investigation should be treated separately from hearing cases as well as that that conflicts the role played by the police during prosecution. This may prove challenging as the court’s atmosphere may overwhelm the witness. Nevertheless, a charge of involuntary manslaughter is likely to suffice. Law for Non-Lawyers, 3rd edition. For the period of the first pre-trial hearing at the Magistrates Court, the Crown Prosecution Service ought to demonstrate that there may be a prima facie case to answer; stipulated that they fail; then the case might be dismissed by the Magistrate (Griffiths & Pritchard, 2010, p. 231). Huxley, B. Crown Prosecution Service need to improve reputation of defence correspondence handling The efficient and effective processing of correspondence to and from the defence can reduce delays in court, save money across the criminal justice system, and improve the service … However, I would advice them to take no action against Mike as it could prove hard to establish that his conduct was so severe that it would have broken the chain of causation and caused Lenny's death. This can be seen in their principal prosecution’s course of action, which may be pending; prosecution’s case assessment, arguing in opposition to it were indispensable, and on condition that the available evidence will provide the best outcome. Unlocking the English Legal System, London, England. So if it can be established by a jury that Fred caused the death of Lenny taking into account the negligence of Mike, then Lenny will satisfy all the criteria for a conviction of unlawful act manslaughter. Unlocking the English Legal System, London, England. They take the defendant’s record, age, personality into consideration, and place significance on Social Enquiry Report that provides in-depth details of the defendant’s conditions and background (Tausz, & Hoyano 2012, p.40). The Facts at Your Fingertips: Criminal Law. Moreover, with the burden of proof lying with the CPS I think it is more justifiable to take action solely against Fred. Some of the key criticisms were in the number of cases that had been discontinued. In its role as the public prosecutor, the CPS works closely with the courts, the police and other agencies in the criminal justice system. A situation of socio-economic status, although unwittingly, may be discriminated against by the police agencies. The 2003 Criminal Justice Act places recommendations for life sentences; these differ significantly based on the characteristics of the criminal activity. In total 86% of cases prosecuted resulted in a conviction. As the principal prosecuting authority in England and Wales, the CPS is responsible for criminal cases beyond the police investigatory stage. L.R, 1, pp.39-46. Prosecution. He merely wanted to 'encourage' Lenny to pay money owed. Padfield (2010) questions whether “out-of-court” disposal may result in similar penalty had the case been heard by a judge in court: “repeatedly the fixed penalty is elevated than the defendant would be given the equivalent case in court. Did the defendant 'in fact' cause the victims' death? It is available in a number of different languages including English, Welsh, Arabic, Bengali, French, Polish, Chinese, Gujarati, Somali, Punjabi, Tamil, and Urdu. Involuntary manslaughter involves the defendant causing the death of the victim. As there are statutory limits that restrict the time a suspect may remain in police custody, Crown Prosecutors can only apply the Threshold Test for a limited period and the case must be reviewed in accordance with the Full Code Test as soon as reasonably practicable. The 1985 Act itself followed a series of reports in the late 1970s and early 1980s recommending that the functions of investigating crime and prosecuting crime be kept separate. The girl told The Times that she does not trust the Crown Prosecution Service: “I do not believe the CPS can be fair as they are listening to Stonewall, who are misrepresenting what the law says about my rights to female-only spaces. We reviewed 205,686 commitments across more than 15,000 cases, with almost 80% fully meeting our high standard. So I would advice the CPS to take no action against Mike. For the past 20 years, she has worked as a legal journalist, editor and author. Following the Criminal Justice Act 2003, the power of the police to charge for all but the most minor offences was transferred to the CPS. Re R v Vickers3, where the latter (GBH) was accepted as sufficient Mens Rea as if the defendant was willing to inflict grievous bodily harm, then how was he to know that the victim wouldn't die? aggravating or mitigating factors disclosed by the prosecution case; evidence of the impact of the offending on a community; statutory provisions, sentencing guidelines, or guideline cases; and. Re Adamako11, where it was stated that a jury must decide which conduct is so negligent that it is punishable in criminal law instead of tort. Criminal Justice Process: The. The prosecution witnesses are then cross-examined by defence to test their evidence on that case, trying to discredit it or display that they are untrustworthy. The Howard J. Crim. Qualification is via the bar professional training course (BPTC) for barristers or the legal practice course (LPC) for solicitors. If so, can he be held to have caused it in law? In English criminal law with respect to medical treatment, the question that must be asked is; in what circumstances can medical treatment received by a victim, following an attack by a defendant relieve him of liability if the victim subsequently dies? They are known as crown prosecutors and are employed by the CPS, which is a government agency. Any irritating conditions may have caused to the criminal activity being committed, and the variation is wide and no two situations are the same. Following the publication in June 1998 of the ‘Review of the CPS’ by Sir Iain Glidewell, the CPS changed in 1999 from 14 to 42 geographical areas. The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. 2008. In its role as the public prosecutor, the CPS works closely with the courts, the police and other agencies in the criminal justice system. The mentioned roles and functions included the making of decisions especially on which kind of offences should be charged and case reviews to ensure sufficiency of the evidence to commence a criminal case and the responsibility for the case and other functions. For instance, the high acquittals rates in trials that involve rape frequently lead to the prosecution having to reduce the charge to a normal offence against the individual, in exchange for a guilty plea; this means that the offenders who be given psychiatric attention, never receive that assistance.